WHAT THE NEW COTTAGE FOOD LAW MEANS TO LOCAL DEPARTMENTS

Ed Evanson – Food and

Consumer Safety Section

Overview Where does cottage food fit? The Minimum What Is It? Some details Where do we go from here?

Montana’s Food Industry Pyramid

Farmers Markets

Cottage Food

Retail /Wholesale Food

Small population and low risk food

Medium population and low risk food

Large population and low to high risk food

Regulation

Regulation

Regulation

The Minimum Jams, Jellies, Dried Fruits, Dry Mixes, and

Baked Goods Label it Register with local health department

Collect fee County notifies the state of new

registrants

What is Cottage Food? (4) "Cottage food products" means foods that are

not potentially hazardous and are processed or packaged in a cottage food operation, including jams, jellies, dried fruit, dry mixes, and baked goods. Other similar foods that are not potentially hazardous may be defined by the department by rule.

(3) "Cottage food operation" means a person who provides, manufactures, or packages cottage food products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this state

What else? Non-potentially hazardous – defined by

the department in rule This is not a blanket exemption Gives us the freedom to select things as

they come up and not wait for legislative changes

Will likely be a list that is reviewed yearly by the Department, County Sanitarians, and the Food Safety Advisory Council.

COTTAGE FOODS(2) A cottage food operation shall:

(a) follow department food standards as provided in rule, including applicable provisions implementing the 2013 United States food and drug administration food code;

PHF vs TCSTime/Temperature Control for Safety Food (formerly “potentially hazardous food” (PHF)).

(1) "Time/temperature control for safety food" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

PHF vs TCS

Epi Outbreak Data Improper holding temperatures, Inadequate cooking, Contaminated equipment, Food from unsafe sources, and Poor personal hygiene

Labeling(b) package cottage food products and label the cottage food products prior to sale, including on thelabel, at a minimum, the following:

(i) the name, address, city, state, and zip code of the cottage food operation;(ii) the name of the cottage food product;(iii) the ingredients of the cottage food product, in descending order of predominance by weight;(iv) the net quantity, weight, count, or volume of the cottage food product;

Labeling Cont’d (v) allergen labeling as specified by federal and

state labeling requirements; (vi) if a nutritional claim is made, an appropriate

label if required by federal law; and (vii) the following statement, printed in at least the

equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label:

"Made in a home kitchen that is not subject to retail food establishment regulations or inspections."

Where you can sell and make cottage food.

(3) Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited.

(4) Processing or packaging of cottage food products must be in the specific registered area of the domestic residence of the person processing or packaging the cottage food products.

Storage (5) A cottage food operation may store cottage

food products only in the registered area of the primary domestic residence used to produce the cottage food product or temporarily in a motor vehicle used to transport cottage food products.

Inspections (3) (a) A cottage food operation is not

subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to cottage food products. (b) A cottage food operation may request an inspection and pay the appropriate costs for that inspection on a voluntary basis

Enforcement(6) (a) A cottage food operation is subject to local health authority or state enforcement action for violations of applicable department regulations.

(b) Cottage food products may be subject to other state or federal laws or regulations.

COTTAGE FOODS

FCSS Time Frames:Summer Institute (July)

October 1st Adoption

Category Section of Bill Task Summary

Cottage Food Sec 1 (1) Register w/ Local

Cottage Food Sec 1-1/3/4/5/6/7 and Sec 2-1/2/3

Rule w/ plan review/ application doc

Cottage Food Sec 1-2a Rule w/applicable food code provisions

Cottage Food Sec 1-2b Cottage Food Labeling Guide

Cottage Food Sec 2-4 Maintain list of Registered Cottage Food - database

Fees Sec 2-6 Fee Structure for Cottage Food

Cottage Food Sec 2-7 Tribal Government MOUs

Cottage Food Sec 2-8 Tribal Government Cottage Food Reviews

Questions

MOBILE FOOD ESTABLISHMENT

FCSS

Mobile Definition "Mobile food establishment" means a retail food

establishment that serves or sells food from a motor vehicle, a non-motorized cart, a boat, or other movable vehicle that periodically or continuously changes location and requires a servicing area to accommodate the unit for cleaning, inspection, and maintenance.

(b) The term does not include: (i) a motor vehicle used solely to transport or

deliver food by a motorized carrier regulated by the state

or the federal government; (ii) a cottage food operation transport vehicle; or (iii) a concession stand designed to operate as a

temporary food establishment.

MOBILE FOOD ESTABLISHMENT"50-50-103. Department authorized to adopt rules -- advisory council.

(2) The department may adopt rules regarding permitting fees, statewide standards, plans to be provided by mobile food establishments as part of a mobile food establishment's licensing requirements, and an appeals process at the state and local levels.

MOBILE FOOD ESTABLISHMENTMobile Rules Sec 10-2

State standards for Plan Review and licensing Provide county offices with a standardized plan

review packet. Plans will be provided by mobile food operator,

OPERATOR I NFORMATI ON MFE I NFORMATI ON Operator Name:

Name of Mobile Food Establishment (MFE):

Mailing Address:

Location:

City/ State/ Zip Code: Address:

Contact I nformation (if different):

City:

Email address:

Cell phone: ( ) Other phone: ( )

Type of Mobile Unit: ☐ Type 1 – Commercially packaged foods ☐ Type 2-Non-complex food preparation ☐ Type 3-Complex food preparation Reference the MFE document for definitions

Location where MFE will be parked/ stored: Complete and attach Appendix I I and menu.

Servicing Area to Provide (Check all that apply): ☐ Food ☐ Water and Wastewater Disposal (same location) ☐ Water (separate service area) ☐ Wastewater Disposal (separate service area)

Location where food is prepared/ stored:

Location(s) for water and wastewater disposal:

Shared facility where food prepared/ stored (if applicable): Permit # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

MOBILE FOOD ESTABLISHMENTEXAMPLE ONLY

TEMPORARY FOOD ESTABLISHMENTSFood and Consumer Safety

Temp Food: Definition (22) "Temporary food establishment"

means a retail food establishment that in a licensing year either: (a) operates at a fixed location for no

more than 21 days in conjunction with a single event or celebration; or

(b) uses a fixed menu and operates within a single county at a recurring event or celebration for no more than 45 days.

For profit or non-profit, obtains a permit and must be in compliance with food code.

Fees are can be set locally but may not exceed those for equally risky retail food establishments.

(1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:(a) must be operated in compliance with applicable department rules; and(b) shall obtain a permit from the local health regulatory authority on a form approved by the

state.

(2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local

regulatory authority.(b) A temporary food establishment operated by a nonprofit organization:

(i) is exempt from paying a permit fee; and(ii) may sell or serve foods that meet the definition of cottage food products but is not

required to register as a cottage food operation.

Temp Food: Permitting and Fees

Temp Food: More Permitting"50-50-201. License, permit required. (ii) For a temporary food establishment described under 50-50-102(22)(b), each time a temporary food establishment alters its menu substantially by food type and means of production, a separate permit must be obtained and a separate permit fee paid.

TEMPORARY FOOD ESTABLISHMENTS"50-50-203. Application for license, permit. (1) An Except as provided in subsection (2), an application for a retail food establishment license is must be:

(2) An application for a temporary food establishment permit must be made to the local regulatory authority on a state-approved form. If a local board of review exists, the local board of review shall work with the state to provide a permit application under this subsection similar to the state-approved form, and the temporary food establishment may use the local board of review permit application."

TEMPORARY FOOD ESTABLISHMENTSTemporaries Sec 16 Temporary Permit and Application Made Available

Temporaries Sec 14 (1b) Licensing permitting temp eventsGuidance on what a substantial menu update (if move up risk category re-evaluate), spell out in rule the guidance.

Temporaries Sec 3 Check Current Rule for any temp licensing requirement will require a rule change.Local permit require approval by state.Modify Current permit.Create flyer on temporary Statute Update.

OCTOBER 1, 2015