Food Safety and Licensing For Small Food Processors & Farm Market Vendors Jean Finger

1. Food Safety and Licensing For Small Food Processors • & • Farm Market Vendors • Jean Finger • WDATCP-Division of Food Safety • Food & Dairy Specialist • Larry Hanke • WDATCP-Division of Food Safety • Food Scientist-Advanced

2. From Farm» » » »To Table

3. WDATCP-Food DivisionOur Mission: • To ensure safe, high quality food for the consumer by: • Providing education, consultation and regulation to food businesses to assist them in producing safe, high quality food • Responding to consumer concerns and information needs • Advocating for the food safety needs of the public

4. WDATCP Objectives • Provide education & consultation to industry and to consumers. • Focus our efforts on the leading factors affecting food borne illness. • Regulate those who do not comply with requirements.

5. Wisconsin’s Food Laws • Food offered for sale must be wholesome. • The degree of inspection and licensing depends on the type of process or type of food that is being sold. • ATCP 75 (WI Food Code) and ATCP 70 give specific rules for processing and selling food at the retail or wholesale level.

6. Retail Licensing The definition of “Retail” includes two parts: • Direct consumer sales • Sales at the licensed facility location There are two types of facilities licensed for retail sales: • Permanent Location • Traveling (mobile)–-i.e. farm markets

7. Retail Licensing Currently, there are 43 health departments who license and inspect retail food stores, as agents of WDATCP. As State Agents, local city and county health agencies license retail food stores within their jurisdictions, and inspect these stores using local regulations that are at least as stringent as the state food laws.

8. Food Processing Facility Licensing • In general, a food processing facility license is required if there is wholesale distribution of products processed at a facility. • A food processing facility license is also issued to processors who make their products at a shared commercial kitchen.

9. FOOD PROCESSING FACILITYRequirements • Facility must meet all requirements of Wisconsin Administrative Code ATCP 70. • All low-acid canned foods (LACF) shall be processed under the supervision of a person who has attended Better Process Control School. • To process acidified foods a person must have attended an approved acidified foods course. • Seafood products and juice require an approved HACCP plan, and HACCP trained personnel.

10. A Food Processing Facility Can Be: • In a residence- Pre-inspection completed to ensure food processing requirements are met. There must be separation from personal activities. • In a church approved kitchen • In a community center approved kitchen • In a school approved kitchen • In a licensed restaurant facility • In a facility that meets commercial kitchen requirements

11. WDATCP Licensing: • License is specific to the location and to the owner The license fee is based on: • Processing and/or sales of • potentially hazardous food (PH) • non-potentially hazardous food (NPH) • Projected annual food sales

12. Potentially Hazardous Foods Any perishable food capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. Basically, any readily perishable foodrequiring special storage conditions, refrigeration, freezing or hot holding for food safety is a potentially hazardous food.

13. Potentially Hazardous FoodsInclude: foods of animal origin and “some” processed plant origin foods

14. PROCESSING INCLUDES: • DRYING • SMOKING • CUTTING • BAKING • GRINDING • MIXING • COATING • STUFFING • ANY FOOD PRESERVATION PROCESS • CANNING • EXTRACTING • FERMENTING • DISTILLING • PICKLING • FREEZING • BAKING • BOTTLING • PACKAGING

15. CUTTING & SLICING IS “PROCESSING”

16. “Point of Sale” of Food Products License Requirements • Potentially hazardous foods sold at locations other than where the food is processed require an additional retail license. • No other license is needed for Packaged or Shelf-Stable NPH foods sold at other locations.

17. A license is not required for: • A tax exempt charitable organization that operates no more than 12 days per year. • An organization that sells only pre-packaged non-potentially hazardous foods. • A processor that sells their own eggs directly from farm. • A processor that sells less than 1000 processed poultry from their farm annually.

18. A License is not required for: • Honey, cider, sorghum, or maple syrup produced by a retail operator • Rabbit processing/sales on farm • Game animals may be cut, ground or wrapped without a license (custom processing)

19. Cider Exemption Clarification: • Cider is defined as: “The aqueous liquid expressed or extracted from apples, pears, cherries, or a combination of those fruits.” • The license exemption applies if cider is the only food processed at the facility. • Sales must be directly to the end consumer, at the license-exempt facility, at community or social events (farmers’ markets, bazaars), or via internet or phone sales.

20. Cider Exemption Clarification: • If cider has not been processed to produce a 5 log reduction in pathogenic microorganisms, the product must bear the following warning statement, per FDA 21 CFR Part 101.17(g): WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause illness in children, the elderly, and persons with weakened immune systems.

21. Cider Exemption Clarification (continued): • In general, if an operator makes cider for wholesale distribution, a food processing plant license is needed. • A retail establishment can wholesale up to 25% of their gross annual food sales. • In addition, if licensed as a retail processor or a food processor, and any cider is sold via wholesale distribution, then all cider sold—either via retail sales or wholesale distribution—falls under the juice HACCP requirements of 21 CFR Part 120, including the 5 log pathogen reduction requirements.

22. Cider Exemption Clarification (continued): • If cider has not received a process resulting in a 5 log pathogen reduction and has a pH of 4.2 or less, the cider is considered non-potentially hazardous and does not require refrigeration. • The processor must have documentation showing cider pH is 4.2 or less, if not stored under refrigeration.

23. A license is not required for a processor who:

24. Unlicensed Processors Must Still Meet Minimum Food Safety Requirements • Foods processed on the farm must be processed under sanitary conditions. • Custom venison cannot be sold to the general public. • Chicken and rabbits packaged on the farm must be labeled as “Not Inspected”.

25. Home Canning/Pickle Bill The “Pickle Bill” was passed by Legislation, which allows home canned products to be sold under stipulations attached to the Bill that must be met.

26. Pickle Bill No license is required if products canned meet the following criteria: • The food products are pickles or other processed vegetables or fruits that are naturally acidic, acidified or fermented to a pH of 4.6 or lower. • Sales are retail only, that is directly from producer to consumer.

27. Pickle Bill (continued) No license is required if products canned meet the following criteria: • The processor is allowed to sell the food products at a community or social event, or a farmers’ market in Wisconsin. • The person receives less than $5,000 per year from the sale of these products.

28. Pickle Bill (continued) . • The processor MUST display a sign at the place of sale that states: “These canned goods are homemade and not subject to state inspection.”

29. Pickle Bill (continued) . • Each container of product that is sold is labeled with: • The processor’s name • Home address of the processor • Name of the product • Date the product was processed • The statement; “This product was made in a private home not subject to state licensing or inspection.” • List of all ingredients in descending order of prominence

30. Pickle Bill (continued) . Products that are not included in the Pickle Bill exemption: • Low acid canned foods, or foods with a pH higher than 4.6. Examples: asparagus, corn, beans, beets, carrots, mushrooms, peas, most peppers. • Processed non-fruits and non-vegetables with a pH of 4.6 or lower. Examples: pickled eggs, lemon curd, pickled fish, sauces, dressings. • Bakery items, dried or packaged foods.

31. Pickle Bill (continued) . Pickle Bill brochure link: http://datcp.wi.gov/uploads/Food/pdf/HomeCannedFood FD-PUB-61-web.pdf

32. On-Site Free Product Samples A license is not required for non-sale activities. All processing must be conducted under sanitary conditions, even if a license is not required. • Some local ordinances may state this is a prohibited activity-check with local health agents. • Meet minimum sanitary facility requirements. • Safe water supply source. • Prevention from contamination. • Proper hygiene, hand washing, and no bare hand contact.

33. It is Everyone’s Job to Process Foods that are Safe to Eat!!!

34. WDATCP Contacts Licensing Questions datcpdfslicensing@wisconsin.gov Food Safety Supervisors • Erin Nutter-NW 715-552-3214 • Mike Sekeres-Central 715-218-1912 • Becky Williamson-NE 920-865-2022 • Helen Pernsteiner-SW 608-963-7766 • Peter Hesprich-SE 262-305-0968

36. Questions?