Division of Food Safety & Inspection Update 2012 NYS Conference of Environmental Health Directors – Technical Session New York State Department of Agriculture

Division of Food Safety & Inspection Division of Food Safety & Inspection Update 2012Update 2012

NYS Conference of Environmental Health NYS Conference of Environmental Health Directors – Technical SessionDirectors – Technical Session

New York State

Department of Agriculture & MarketsDivision of Food Safety & Inspection

www.agriculture.ny.gov

William J. Kalabanka, Chief Inspector – Region 1

[email protected]

Session OverviewSession Overview How NYSDA&M interacts How NYSDA&M interacts

with our State Local and with our State Local and Federal Food Safety Federal Food Safety Regulatory Partners Regulatory Partners

NYS Dept. Agriculture & NYS Dept. Agriculture & Markets Mission Markets Mission

Division Staffing / ChangesDivision Staffing / Changes Where do we cross paths?Where do we cross paths?

Clearing up the ConfusionClearing up the Confusion New PoliciesNew Policies

QuestionsQuestions

Playing in the Food Safety Playing in the Food Safety SandboxSandbox

Integration – Federal LevelIntegration – Federal Level

Cooperative Agreements– Complaints– Recalls

Contracts Program Standards

– MFRPS – RFRPS

Success StoriesSuccess 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 Implementation of a Nationally Integrated Food Safety SystemIntegrated 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 theCooperation at theState & Local LevelState & Local Level

Memorandum of Understanding Effective use of our limited resources Mutual obligation to protect the public health

History of CooperationHistory 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 REGULATORY OVERSIGHT OF PUBLIC WATER SUPPLIES

AT AGRICULTURE AND MARKETS LICENSED FACILITIESAT AGRICULTURE AND MARKETS LICENSED FACILITIES

Regulatory Oversight

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.

Notification of Establishments

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 REGULATORY OVERSIGHT OF PUBLIC WATER SUPPLIES

AT AGRICULTURE AND MARKETS LICENSED FACILITIESAT AGRICULTURE AND MARKETS LICENSED FACILITIES

Enforcement

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.

Charges for Monitoring

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 How do we build a stronger Food Safety System……….. within NY State?Safety System……….. within NY State?

Sharing on our Strengths….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 Fostering Mechanisms of CooperationCooperation

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 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 FactsNew 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 New York State Agriculture

Agricultural State: Over 400

Community Farmers Markets

89 Metropolitan NY

New York State Department of New York State Department of Agriculture & MarketsAgriculture & 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 NYS Department of Agriculture & Markets

Core Mission PartnersCore Mission PartnersFood Laboratory

Animal Industry

Milk Control and Dairy Services

Plant Industry

Agricultural Development

Weights & Measures

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.

Regulatory RoleRegulatory Role

Division ResponsibilitiesDivision Responsibilities

Inspections Food Sampling Food Recalls Complaint

Investigations Food Seizures Enforcement Actions

New York StateDepartment of Agriculture & Markets

Andrew M. Cuomo, GovernorDarrel J. Aubertine, Commissioner

Mechanisms for EnforcementMechanisms for Enforcement

Warning Letters Civil Penalties Industry Conferences Education and

Training Court Orders &

Hearings

PenaltiesPenalties

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

DivisionDivision DirectorsDirectors

John LukerSteve Stich

Erin Sawyer

A lb a n y

A l l e g a n y

B ro n x

B ro o m e

Ca tta ra u g u s

Ca yu g a

Ch a u ta u q u aCh e m u n g

Ch e n a n g o

Cl i n to n

Co l u m b i a

Co rtl a n d

De l a wa re

Du tch e ss

E ri e

E sse x

Fra n kl i n

Fu l to n

G e n e se e

G re e n e

Ha m i l to n

He rkim e r

Je ffe rso n

K in g s

L e wis

L i v i n g sto n

M a d i so n

M o n ro e

M o n tg o m e ry

Na ssa uNe w Y o rk

Nia g a raO n e id a

O n o n d a g a

O n ta ri o

O ra n g e

O rle a n s

O swe g o

O tse g o

P u tn a m

Q u e e n s

Re n sse la e r

Ri ch m o n d

Ro ckl a n d

S t. L a wre n ce

S a ra to g a

S ch e n e cta d y

S ch o h a ri e

S ch u yle r

S e n e ca

S te u b e n

S u ffo l k

S u l l i va n

T io g a

T o m p ki n s

Ulste r

Wa rre n

Wa sh in g to n

Wa yn e

We stch e ste r

Wyo m in gY a te s

Zone 4Zone 4Zone 3Zone 3

Zone 2Zone 2

Zone 1Zone 1

Zone 5Zone 5

Region 1 – Zone SupervisorsRegion 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 StaffingDivision Staffing

Lost 18 field inspector positions

1 Supervising Inspector Position

Numerous - Support Staff at Central and Zone Offices

2011 Division Activities2011 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?......Where do we cross paths?......

Farmers Markets Home Processors Water Supplies Disaster Events Catering Operations Illness Complaints Traceback Investigations

Jurisdictional ConsiderationsJurisdictional 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 CriteriaEvaluation 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 IssuesJurisdictional IssuesSo who does whatSo who does what??

Bakeries Wholesale -vs- Retail

– Direct sales to the customer

– Packaged baked goods to a wholesale distributor

– Satellite Outlets


Deli / Pizza– Immediate

Consumption

– Seating

– Packaged Goods (not for immediate consumption.

– 50 % Rule


Breweries / Micro Breweries– Is there are restaurant

associated with the production facility?

– Volume of wholesale beer production.


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


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)


Food Demonstrations(A&M establishments / Farmers Markets)

– Retail & Warehouse Stores

– 20-C License

– 3rd Party Services By Agreement Who will take

responsibility?


Food Catering (From A&M establishments)

– 20-C License

– Increased Risk Category

– Inspection at establishment only


Outdoor Food Service (At A&M establishments)

– 20-C Licensed

– Location (adjacent to the building)

– Who operates the food service.

Direct Marketing VenuesDirect Marketing Venues

• Farmers Markets

• Green Markets

• On-Farm Markets

• Roadside Stands

• Community Supported Agriculture (CSA)

Today’s Farmers MarketsToday’s Farmers Markets

An opportunity to showcase value added products manufactured with farm produced ingredients.

Farmers MarketsFarmers MarketsAre you confused yet?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 MarketsFarmers MarketsAre you confused yet?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 ProcessorsHome ProcessorsExemptions from A&M Article 20-C LicenseExemptions 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 ProcessorsHome ProcessorsExemptions from A&M Article 20-C LicenseExemptions 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 SlaughterSmall 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 ReferralsIllness 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 / Outbreak Investigations / TracebackTraceback

Confirmed – Multiple Cases

Conference Calls Referrals

– A&M Follow-up at distributors

Sampling as requested

Water Supplies 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 Sanitary Regulations for Food Processing & Food ServiceProcessing & 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 ?Questions ?

Documents

Division of Food Safety & Inspection Update 2012 NYS Conference of Environmental Health Directors – Technical Session New York State Department of Agriculture