New York State Department of Agriculture & Markets Division of Food Safety & Inspection www.agriculture.ny.gov Division of Food Safety & Inspection Update 2012 NYS Conference of Environmental Health Directors – Technical Session William J. Kalabanka, Chief Inspector – Region 1 [email protected] Session Overview How NYSDA&M interacts with our State Local and Federal Food Safety Regulatory Partners NYS Dept. Agriculture & Markets Mission Division Staffing / Changes Where do we cross paths? Clearing up the Confusion New Policies Questions Playing in the Food Safety Sandbox Integration – Federal Level Cooperative Agreements – Complaints – Recalls Contracts Program Standards – MFRPS – RFRPS Success Stories FDA Training (ORAU online / Classroom) Coordination of Recall Activities – Reportable Food Registry – Sharing of distribution Information – Import Alerts Retail Standardization – – – – Informal version of the RFPRS Standardization of Chief Inspectors Familiarity with the Food Code New ideas on how to improve our program. Integrated Food Safety Implementation of a Nationally Integrated Food Safety System It can’t be forced Respect for each agencies culture and roles Better Define the Roles – FDA – Big Picture Guys (collection of data, trends, provide guidance documents / training). – States / Locals - Food Safety Inspection / Investigative work – Shouldn’t duplicate efforts. Provide us the tools/ training and let us do our jobs as professionals. Need to let states and locals supervise and manage their own programs. Cooperation at the State & Local Level Memorandum of Understanding Effective use of our limited resources Mutual obligation to protect the public health History of Cooperation Memorandum of Understanding WHEREAS, the parties hereto previously entered in a Memorandum of Understanding, effective March 1, 1986, concerning inspection of Food Service Establishments and Food Processing Establishments; and WHEREAS, this Memorandum of Understanding was subsequently amended in 1993 to include a mechanism by which Department of Health (DOH) epidemiological findings and recommendations concerning contaminated food sources could be referred to the Department of Agriculture and Markets (DA&M) to enable the DA & M to assure that such food is removed from sale and recalled in an expedient manner; and WHEREAS, the existing Memorandum of Understanding (as amended) states that the two agencies will cooperate in investigating foodborne illness outbreaks and in food recalls; and WHEREAS, the parties want to establish a mechanism for inspection of public water supplies at facilities licensed to operate by DA & M along with appropriate follow-up, as may be warranted, to correct any and all identified problems; and WHEREAS, the parties want to expand the cooperation between the two Departments, as set forth in the existing Memorandum of Understanding, to include public water supply inspections; NOW, THEREFORE, a new Section VI is added to the Memorandum of Understanding to reflect this additional cooperation, and existing Section VI is renumbered Section VII. REGULATORY OVERSIGHT OF PUBLIC WATER SUPPLIES AT AGRICULTURE AND MARKETS LICENSED FACILITIES Regulatory Oversight Notification of Establishments The NYS Department of Health (DOH) or its designated County Health Department (LHD) is responsible for regulatory oversight of public water supplies at DA&M licensed facilities. DA&M will notify their licensed facilities of the DOH/LHD role. DOH will provide to DA&M a pamphlet containing material that would allow prospective DA&M facility operators to easily understand the DOH/LHD requirements relative to an on-site public water supply. DA&M would, in turn, provide this material to any new applicant. Information Sharing DOH/LHD will notify DA&M of any potential critical violations of DA&M rules and regulations at DA&M licensed facilities and DA&M will notify DOH/LHD of any potential significant water supply problems they observe within their licensed facilities. REGULATORY OVERSIGHT OF PUBLIC WATER SUPPLIES AT AGRICULTURE AND MARKETS LICENSED FACILITIES Enforcement Charges for Monitoring DOH/LHD will initiate administrative actions concerning identified public water supply violations in accordance with DOH Administrative Manual Item ADM 2, notifying DA&M of all such actions. Should violations present a public health hazard, DA&M agrees to initiate proceedings to consider revocation of the facility’s Article 20-C Food Processing License OR assure that an alternative arrangement for interim water supply is available at the impacted facility until corrections are made to ensure the safety of the water supply. The LHD may charge these DA&M licensed facilities reasonable fees, not exceeding the estimated costs for public water system protection and monitoring services, pursuant to the MOU and consistent with the schedule of fees approved by DOH under Public Health Law Section 606. Support DA&M will not license facilities with new public water systems until notification is received from DOH/LHD of the approval of a potable source(s) of water. How do we build a stronger Food Safety System……….. within NY State? Sharing on our Strengths…. State & Local DOH Food Service Illness / Epi Investigations Water / Environmental Temporary Food Service Schools, Camps, Temporary Residences Food Vending Retail Bakeries NYSD&M Manufactured Foods Warehouses Traceback at Food Distributors Specialized Processing Wineries Cider Mills Small Animal Slaughter Wholesale Bakeries Fostering Mechanisms of Cooperation Relationship building Joint Training Joint Investigations Shadowing Common Food Safety Organizations Opening lines of communication – – – Updated field rosters & contact numbers / email. Data sharing Common Forms – Water Supply Worksheet Meetings / Discussions of mutual concern New York State Agriculture Promotional Efforts: Pride of NY Farmers Market Grant Programs Farmers Market Nutrition Programs Community Gardens Community Supported Agriculture “Eat Local Challenge” NYSDA&M Commissioner Darrel Aubertine New York State Agriculture Facts Agricultural State: Milk is the leading agricultural product (Ranked 2nd) Apples 2nd Cabbage 2nd Maple Syrup 3rd Grapes 3rd Tart Cherries (4th) Pears (4th) New York State Agriculture Agricultural State: Over 400 Community Farmers Markets 89 Metropolitan NY New York State Department of Agriculture & Markets Mission Statement: To foster a competitive food and agriculture industry to benefit producers and consumers – Protect the Consumer – Protect and Support New York State Food and Agriculture Industries Balance between Food Safety and Agricultural Promotions NYS Department of Agriculture & Markets Core Mission Partners Food Laboratory Animal Industry Milk Control and Dairy Services Plant Industry Agricultural Development Weights & Measures Regulatory Role Division of Food Safety and Inspection: To help ensure a safe and properly labeled food supply and to contribute to the orderly marketing of food and farm products in New York State. Division Responsibilities New York State Department of Agriculture & Markets Inspections Food Sampling Food Recalls Complaint Investigations Food Seizures Enforcement Actions Andrew M. Cuomo, Governor Darrel J. Aubertine, Commissioner Mechanisms for Enforcement Warning Letters Civil Penalties Industry Conferences Education and Training Court Orders & Hearings Penalties Penalty Protocol – Based on the how many consecutive failing inspections. – Type of Critical Deficiency Asterisk –vs – Non Asterisk – Penalty Assessments 1st Inspection: Warning Letter / $600* 2nd Inspection: $ 600 / $ 1200* 3rd Inspection: $1200 / $ 1200* (or $400 per/ea.) – Compliance Conference Scheduled – Demonstration of Knowledge Steve Stich John Luker Division Directors Erin Sawyer Zone 2 Clinton Franklin St. Lawrence Zone 1 Essex Jefferson Zone 4 Lewis Hamilton Zone 3 Warren Washington Oswego Niagara Orleans Oneida Genesee Fulton Wyoming Saratoga Onondaga Ontario Erie Herkimer Wayne Monroe Livingston Montgomery Schenectady Madison Cayuga Seneca Yates Rensselaer Cortland Otsego Albany Schoharie Chenango Schuyler T ompkins Cattaraugus Chautauqua Allegany Columbia Greene Steuben Chemung T ioga Broome Delaware Ulster Dutchess Sullivan Orange Zone 5 Putnam Rockland Westchester Bronx New York Nassau Queens Kings Richmond Suffolk Region 1 – Zone Supervisors 55 counties in Upstate NY Zone 1 – Albany - Cory Skier: 518-457-5459 – [email protected] Zone 2 – Syracuse – Vacant: 315-487-0852 – [email protected] Zone 3 – Rochester – Allen Mozek: 585-427-2273 – [email protected] Zone 4 – Buffalo – Joy Dagonese: 716-847-3185 – [email protected] Zone 5 – Newburgh - Kwame Dua: 845-220-2047 – [email protected] Division Staffing Lost 18 field inspector positions 1 Supervising Inspector Position Numerous - Support Staff at Central and Zone Offices 2011 Division Activities 33,948 Inspections 2,701 Complaints 1,538 Samples 259 Recalls 1,835 Seizures 146,779 lbs Destroyed $3.4 M Penalty Assessments Where do we cross paths?...... Farmers Markets Home Processors Water Supplies Disaster Events Catering Operations Illness Complaints Traceback Investigations Jurisdictional Considerations Frequently Asked Questions Deli / pizza operations Bakeries Breweries / Brew pubs Restaurants within Grocery Stores or food manufacturers Wineries w/ food service Outdoor Operations Demos Samples within a retail store Evaluation Criteria 50% rule – Packaged food not intended for immediate consumption – Food Service – Based on dollar volume of food sales (Gas & Cigs excluded) Sales – Wholesale – Retail Set-up – Different Buildings – Separate Entrances Ownership Jurisdictional Issues So who does what? Bakeries Wholesale -vs- Retail – – – Direct sales to the customer Packaged baked goods to a wholesale distributor Satellite Outlets Jurisdictional Issues So who does what? Deli / Pizza – – – – Immediate Consumption Seating Packaged Goods (not for immediate consumption. 50 % Rule Jurisdictional Issues So who does what? Breweries / Micro Breweries – – Is there are restaurant associated with the production facility? Volume of wholesale beer production. Jurisdictional Issues So who does what? Wineries Food Service –vs Packaged Food – – Is there are restaurant associated with the production facility? What type of food service (other than cheese & crackers – Farm Winery Exemption) – On-site events Jurisdictional Issues So who does what? Bottled Water – – – – – Bottled Water Flavored Waters Dispensing at Retail Bulk Water Haulers Water derived as a by product of Maple Syrup Production. Common Name Refrigeration Shelf –life (10 days) Jurisdictional Issues So who does what? Food Demonstrations (A&M establishments / Farmers Markets) – – – Retail & Warehouse Stores 20-C License 3rd Party Services By Agreement Who will take responsibility? Jurisdictional Issues So who does what? Food Catering (From A&M establishments) – – – 20-C License Increased Risk Category Inspection at establishment only Jurisdictional Issues So who does what? Outdoor Food Service (At A&M establishments) – – – 20-C Licensed Location (adjacent to the building) Who operates the food service. Direct Marketing Venues • Farmers Markets • Green Markets • On-Farm Markets • Roadside Stands • Community Supported Agriculture (CSA) Today’s Farmers Markets An opportunity to showcase value added products manufactured with farm produced ingredients. Farmers Markets Are you confused yet? Limited to pre-packaged value added items. Limited sampling No provisions for temporary food service. Cooking & other food processing / packaging under DOH Farmers Markets Are you confused yet? Any food preparation, exposed food handling, cooking / food service needs to be done under a temporary food service permit issued by DOH Cheese Cutting Exemption – Allows for cutting and repackaging of cheese only at open air markets without complete facilities. Home Processors Exemptions from A&M Article 20-C License Limited to certain Non Potentially hazardous foods. Ordinary Kitchen facilities & equipment Registration Only Properly Labeled Private water supplies Home Processors Exemptions from A&M Article 20-C License Amenable only to food products marketed within NYS. Restrict internet sales. Allow internet ads Allows sales of baked goods wholesale and to the consumer only at Agricultural venues. (No wedding cakes for customer order) Small Animal Slaughter Poultry – < 1,000 – USDA – >1,000 / < 20, 000 - A&M – > 20,000 - USDA Red Meat – Buffalo, Bison, rabbit, Ostrich, Emu Direct Marketing of farm raised animals Custom Slaughter - USDA Illness Complaint Referrals Referrals – DOH Follow-up with complainant – Single or Multiple illnesses Food Histories Consumer Samples Follow-up at place of purchase – A&M Outbreak Investigations / Traceback Confirmed – Multiple Cases Conference Calls Referrals – A&M Follow-up at distributors Sampling as requested Water Supplies NCPWS (PWS) – DOH NPWS – A&M Unsatisfactory Supplies Database printouts Warning letters Emergency Water procedures Critical Violations Water Supply Worksheets Sanitary Regulations for Food Processing & Food Service Water Source: NPWS Minimum Quarterly Water testing if on a private well water supply (20-C / 28-A) Sources periodically testing as non-potable would require the installation of a disinfection unit . If your supply is classified as a Non-Community Public water source –Approvals of your well / septic from State/County Health . Questions ?