Transcript 1-Cottage Food Industry Presentation

Community Development
Department
COTTAGE FOOD INDUSTRY
DISCUSSION
Overview
REGULATION OF RETAIL FOOD SUPPLY CHAIN:
FEDERAL GOVERNMENT
Food and Drug Administration (FDA) – Food Code
STATE GOVERNMENTS
(FLORIDA – Dept. of Agriculture and Consumer Services
(DACS); Dept. of Business & Prof. Reg.; Dept. of Health)
COUNTY HEALTH DEPARTMENTS
Epidemiology (reporting) and Environmental Regulation (inspection)
Flagler County Health Department
Community Development
Department
Overview
FEDERAL:
The U. S. Food and Drug Administration (FDA) publishes the
Food Code which specifically exempts from the definition of
food establishment “a kitchen in a private home if only food
that is not potentially hazardous is prepared for sale or service
at a function such as a religious or charitable organization’s
bake sale if allowed by law and if the consumer is informed by
a clearly visible placard at the sales or service location that the
food is prepared in a kitchen that is not subject regulation and
inspection by the regulatory authority”
The Food Code also provides guidance on what foods are
considered not potentially hazardous.
Community Development
Department
Cottage Food Laws by State
Community Development
Department
BACKGROUND
• 2011 Legislative Session- HB 7209 created a new section for
Cottage Food Industries that exempts private kitchens from
regulation but requires compliance with public health standards so
long as:
-Sales do not exceed $15,000 per year;
-No sales are made from the Internet, mail order or wholesale;
-Foods are labeled for content, including allergen information;
-Foods are labeled as “not subject to Florida’s food safety
regulations”;
-Only products stored on premise can be sold;
-All other regulations are complied with, including applicable county
and municipal laws;
-Allows DACS, upon receipt of a complaint, to inspect premise,
possibly fine (up to $5,000).
Community Development
Department
What are other Cities/Counties doing?
• Town of Davie – adopted ordinance
mirroring State law but prohibits sales
from home;
• Other jurisdictions –
Modifying/allowing existing regulations.
Community Development
Department
PROS
ECONOMIC DEVELOPMENT
• Legitimizes activity;
• Lowers barriers to entry;
FOOD SAFETY
• Requires proper notice to public;
• Limits types of food production
based on scientific input;
• Limits distribution by prohibiting
Internet, mail order or wholesale
sales;
• Provides for State inspection if
complaint received;
• Provides for State penalties;
LAND USE:
• City regulatory mechanism Home Occupational Licensing.
&
CONS
ECONOMIC DEVELOPMENT
• State allowance doesn’t promote true
cottage industry;
• Competition with established
businesses;
FOOD SAFETY
• ”Buyer beware” – food handling not
verified;
LAND USE:
• Comprehensive Plan & Prosperity
2021 call for strong residential
neighborhoods;
• ULDC prohibits food preparation as
Home Occupation;
• No standards for addressing site
related, non-food issues;
• DACS lead agency;
• Expansion of regulatory authority.
Community Development
Department