Division of Food Safety & Inspection Update 2012 NYS Conference of Environmental Health Directors – Technical Session New York State Department of Agriculture & Markets Division of Food Safety & Inspection William J. Kalabanka, Chief Inspector – Region 1

Session Overview l How NYSDA&M interacts with our State Local and Federal Food Safety Regulatory Partners l NYS Dept. Agriculture & Markets Mission l Division Staffing / Changes l Where do we cross paths? l Clearing up the Confusion l New Policies l Questions

Playing in the Food Safety Sandbox

Integration – Federal Level l Cooperative Agreements –Complaints –Recalls l Contracts l Program Standards –MFRPS –RFRPS

Success Stories l FDA Training (ORAU online / Classroom) l Coordination of Recall Activities –Reportable Food Registry –Sharing of distribution Information –Import Alerts l 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 l It can’t be forced l Respect for each agencies culture and roles l 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. l Provide us the tools/ training and let us do our jobs as professionals. l Need to let states and locals supervise and manage their own programs.

Cooperation at the State & Local Level l Memorandum of Understanding l Effective use of our limited resources l Mutual obligation to protect the public health

History of Cooperation History of Cooperation Memorandum of Understanding l 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 l 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 l 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 l 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 l 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; l 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 l Regulatory Oversight l 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. l Notification of Establishments l 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. l Information Sharing l 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 l Enforcement l 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. l Charges for Monitoring l 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. l Support l 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 l Food Service l Illness / Epi Investigations l Water / Environmental l Temporary Food Service l Schools, Camps, Temporary Residences l Food Vending l Retail Bakeries NYSD&M l Manufactured Foods l Warehouses l Traceback at Food Distributors l Specialized Processing l Wineries Cider Mills l Small Animal Slaughter l Wholesale Bakeries

Fostering Mechanisms of Cooperation Relationship building l Joint Training l Joint Investigations l Shadowing l Common Food Safety Organizations l Opening lines of communication –Updated field rosters & contact numbers / . –Data sharing –Common Forms – Water Supply Worksheet l Meetings / Discussions of mutual concern

New York State Agriculture Promotional Efforts: l Pride of NY l Farmers Market Grant Programs l Farmers Market Nutrition Programs l Community Gardens l Community Supported Agriculture l “Eat Local Challenge” NYSDA&M Commissioner Darrel Aubertine

New York State Agriculture Facts Agricultural State: l Milk is the leading agricultural product (Ranked 2 nd ) l Apples 2 nd l Cabbage 2 nd l Maple Syrup 3 rd l Grapes 3 rd l Tart Cherries (4 th ) l Pears (4 th )

New York State Agriculture Agricultural State: l Over 400 Community Farmers Markets l 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

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 Role

Division Responsibilities l Inspections l Food Sampling l Food Recalls l Complaint Investigations l Food Seizures l Enforcement Actions l New York State l Department of Agriculture & Markets l Andrew M. Cuomo, Governor l Darrel J. Aubertine, Commissioner

Mechanisms for Enforcement  Warning Letters  Civil Penalties  Industry Conferences  Education and Training  Court Orders & Hearings

Penalties l Penalty Protocol –Based on the how many consecutive failing inspections. –Type of Critical Deficiency l Asterisk –vs – Non Asterisk –Penalty Assessments l 1 st Inspection: Warning Letter / $600* l 2 nd Inspection: $ 600 / $ 1200* l 3 rd Inspection: $1200 / $ 1200* (or $400 per/ea.) –Compliance Conference Scheduled –Demonstration of Knowledge

Division Directors John Luker Steve Stich Erin Sawyer

Zone 4 Zone 3 Zone 2 Zone 1 Zone 5

Region 1 – Zone Supervisors 55 counties in Upstate NY  Zone 1 – Albany - Cory Skier:  Zone 2 – Syracuse – Vacant:  Zone 3 – Rochester – Allen Mozek:  Zone 4 – Buffalo – Joy Dagonese:  Zone 5 – Newburgh - Kwame Dua:

Division Staffing l Lost 18 field inspector positions l 1 Supervising Inspector Position l Numerous - Support Staff at Central and Zone Offices

2011 Division Activities l 33,948 Inspections l 2,701 Complaints l 1,538 Samples l 259 Recalls l 1,835 Seizures l 146,779 lbs Destroyed l $3.4 M Penalty Assessments

Where do we cross paths? l Farmers Markets l Home Processors l Water Supplies l Disaster Events l Catering Operations l Illness Complaints l Traceback Investigations

Jurisdictional Considerations Frequently Asked Questions l Deli / pizza operations l Bakeries l Breweries / Brew pubs l Restaurants within Grocery Stores or food manufacturers l Wineries w/ food service l Outdoor Operations l Demos Samples within a retail store

Evaluation Criteria l 50% rule –Packaged food not intended for immediate consumption –Food Service –Based on dollar volume of food sales (Gas & Cigs excluded) l Sales –Wholesale –Retail l Set-up –Different Buildings –Separate Entrances l Ownership

Jurisdictional Issues So who does what? Bakeries l 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 l 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. l Common Name l Refrigeration l Shelf –life (10 days)

Jurisdictional Issues So who does what? Food Demonstrations (A&M establishments / Farmers Markets) –Retail & Warehouse Stores –20-C License –3 rd Party Services l By Agreement l 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? l Limited to pre-packaged value added items. l Limited sampling l No provisions for temporary food service. l Cooking & other food processing / packaging under DOH

Farmers Markets Are you confused yet? l Any food preparation, exposed food handling, cooking / food service needs to be done under a temporary food service permit issued by DOH l 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 l Limited to certain Non Potentially hazardous foods. l Ordinary Kitchen facilities & equipment l Registration Only l Properly Labeled l Private water supplies

Home Processors Exemptions from A&M Article 20-C License l Amenable only to food products marketed within NYS. l Restrict internet sales. l Allow internet ads l Allows sales of baked goods wholesale and to the consumer only at Agricultural venues. (No wedding cakes for customer order)

Small Animal Slaughter l Poultry –< 1,000 – USDA –>1,000 / < 20, A&M –> 20,000 - USDA l Red Meat –Buffalo, Bison, rabbit, Ostrich, Emu l Direct Marketing of farm raised animals l Custom Slaughter - USDA

Illness Complaint Referrals l Referrals –DOH Follow-up with complainant –Single or Multiple illnesses l Food Histories l Consumer Samples l Follow-up at place of purchase – A&M

Outbreak Investigations / Traceback l Confirmed – Multiple Cases l Conference Calls l Referrals –A&M Follow-up at distributors l Sampling as requested

Water Supplies l NCPWS (PWS) – DOH l NPWS – A&M l Unsatisfactory Supplies l Database printouts l Warning letters l Emergency Water procedures l Critical Violations l Water Supply Worksheets

Sanitary Regulations for Food Processing & Food Service l Water Source: NPWS l Minimum Quarterly Water testing if on a private well water supply (20-C / 28-A) l Sources periodically testing as non-potable would require the installation of a disinfection unit. l If your supply is classified as a Non-Community Public water source –Approvals of your well / septic from State/County Health.

Questions ?