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
William.Kalabanka@agriculture.ny.gov
Session Overview
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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?
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Clearing up the Confusion
New Policies
Questions
Playing in the Food Safety Sandbox
Integration – Federal Level
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Cooperative Agreements
– Complaints
– Recalls
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Contracts
Program Standards
– MFRPS
– RFRPS
Success Stories
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FDA Training (ORAU online / Classroom)
Coordination of Recall Activities
– Reportable Food Registry
– Sharing of distribution Information
– Import Alerts
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Retail Standardization
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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
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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.
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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
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Memorandum of Understanding
Effective use of our limited resources
Mutual obligation to protect the public health
History of Cooperation
Memorandum of Understanding
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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
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Regulatory Oversight
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Notification of Establishments
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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
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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
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Enforcement
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Charges for Monitoring
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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
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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….
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State & Local DOH
Food Service
Illness / Epi Investigations
Water / Environmental
Temporary Food Service
Schools, Camps, Temporary
Residences
Food Vending
Retail Bakeries
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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
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Joint Training
Joint Investigations
Shadowing
Common Food Safety Organizations
Opening lines of communication
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Updated field rosters & contact numbers /
email.
Data sharing
Common Forms – Water Supply
Worksheet
Meetings / Discussions of mutual
concern
New York State Agriculture
Promotional Efforts:
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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:
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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:
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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
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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
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Warning Letters
Civil Penalties
Industry Conferences
Education and
Training
 Court Orders &
Hearings
Penalties
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Penalty Protocol
– Based on the how many consecutive failing
inspections.
– Type of Critical Deficiency
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Asterisk –vs – Non Asterisk
– Penalty Assessments
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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
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Zone 1 – Albany - Cory Skier:
518-457-5459
– Cory.Skier@agriculture.ny.gov
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Zone 2 – Syracuse – Vacant: 315-487-0852
– William.Kalabanka@agriculture.ny.gov
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Zone 3 – Rochester – Allen Mozek:
585-427-2273
– Allen.Mozek@agriculture.ny.gov
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Zone 4 – Buffalo – Joy Dagonese:
716-847-3185
– Joy.Dagonese@agriculture.ny.gov
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Zone 5 – Newburgh - Kwame Dua: 845-220-2047
– Kwame.Dua@agriculture.ny.gov
Division Staffing
Lost 18 field inspector
positions
 1 Supervising
Inspector Position
 Numerous - Support
Staff at Central and
Zone Offices
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2011 Division Activities
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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?......
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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
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50% rule
– Packaged food not intended for
immediate consumption
– Food Service
– Based on dollar volume of
food sales (Gas & Cigs excluded)
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Sales
– Wholesale
– Retail
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Set-up
– Different Buildings
– Separate Entrances
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Ownership
Jurisdictional Issues
So who does what?
Bakeries
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Wholesale -vs- Retail
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Direct sales to the
customer
Packaged baked
goods to a wholesale
distributor
Satellite Outlets
Jurisdictional Issues
So who does what?
Deli / Pizza
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Immediate
Consumption
Seating
Packaged Goods (not
for immediate
consumption.
50 % Rule
Jurisdictional Issues
So who does what?
Breweries / Micro
Breweries
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Is there are restaurant
associated with the
production facility?
Volume of wholesale
beer production.
Jurisdictional Issues
So who does what?
Wineries
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Food Service –vs
Packaged Food
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Is there are restaurant
associated with the
production facility?
What type of food
service (other than cheese &
crackers – Farm Winery Exemption)
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On-site events
Jurisdictional Issues
So who does what?
Bottled Water
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Bottled Water
Flavored Waters
Dispensing at Retail
Bulk Water Haulers
Water derived as a by
product of Maple Syrup
Production.
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Common Name
Refrigeration
Shelf –life (10 days)
Jurisdictional Issues
So who does what?
Food Demonstrations
(A&M establishments / Farmers Markets)
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Retail & Warehouse
Stores
20-C License
3rd Party Services
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By Agreement
Who will take
responsibility?
Jurisdictional Issues
So who does what?
Food Catering
(From A&M establishments)
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20-C License
Increased Risk
Category
Inspection at
establishment only
Jurisdictional Issues
So who does what?
Outdoor Food Service
(At A&M establishments)
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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?
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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?
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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
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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
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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
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Poultry
– < 1,000 – USDA
– >1,000 / < 20, 000 - A&M
– > 20,000 - USDA
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Red Meat
– Buffalo, Bison, rabbit,
Ostrich, Emu
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Direct Marketing of farm
raised animals
Custom Slaughter - USDA
Illness Complaint Referrals
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Referrals
– DOH Follow-up with
complainant
– Single or Multiple
illnesses
Food Histories
 Consumer Samples
 Follow-up at place of
purchase – A&M
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Outbreak Investigations /
Traceback
Confirmed – Multiple
Cases
 Conference Calls
 Referrals
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– A&M Follow-up at
distributors
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Sampling as requested
Water Supplies
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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
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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 .
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Questions ?