Transcript 4-CottageFood Industry 4.10.12

Community Development
Department
ULDC CHAPTER 4 AMENDMENT
to allow
COTTAGE FOOD AS HOME OCCUPATION
Overview
REGULATION OF RETAIL FOOD SUPPLY CHAIN IS TOP
DOWN:
FEDERAL GOVERNMENT
Food and Drug Administration (FDA) – Food Code
STATE GOVERNMENTS
FLORIDA – Dept. of Agriculture and Consumer Services (DACS);
Dept. of Business and Professional Regulation; Dept. of Health
COUNTY HEALTH DEPARTMENTS
Flagler County Health Department
Epidemiology (reporting) and Environmental Regulation (inspection)
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 defines potentially hazardous foods as those
requiring time or temperature control for safety to limit
pathogenic microorganism growth or toxin formation.
Community Development
Department
BACKGROUND
• 2011 Legislative Session- HB 7209 created Cottage Food
Industries - 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
BACKGROUND
DACS Guidance:
• Kitchen appliances designed for common
residential use – 1 stove or oven (may
be double), designed for non-commercial
use;
• Lists of allowed and prohibited foods;
• Labeling requirements;
• Penalties.
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;
• No standards for addressing site
related, non-food issues;
• DACS lead agency to resolve issues;
• Expansion of City regulatory
authority.
Community Development
Department
Recommendations
• Staff – recommends City Council deny
the proposed modification to ULDC
allowing cottage foods as a home
occupation.
• PLDRB recommended allowing cottage
food production as a home occupation,
subject to compliance with City Home
Occupation requirements;
Community Development
Department