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Engaging in the Food System : Challenges for “Local” Food Producers from a Legal Perspective

Engaging in the Food System : Challenges for “Local” Food Producers from a Legal Perspective. Peggy Kirk Hall OSU Agricultural & Resource Law Program. 1. Food Safety Regulations: A complex and fragmented l andscape for food p roducers.

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Engaging in the Food System : Challenges for “Local” Food Producers from a Legal Perspective

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  1. Engaging in the Food System: Challenges for “Local” Food Producers from a Legal Perspective Peggy Kirk Hall OSU Agricultural & Resource Law Program

  2. 1. Food Safety Regulations:A complex and fragmented landscape for food producers

  3. OSU Extension Survey:What is your most pressing concern as a food producer? • Food safety regulations • Conflicting regulations, in some cases, issued by different government entities • Selling our product county to county under same license and being specific enough to cover our needs • Differences between different products as far as licensing and inspection

  4. The Regulatory Landscape • Federal Laws – ex: FSMA • USDA • Ohio Uniform Food Safety Code • Ohio Department of Agriculture • Ohio Department of Health • County Health Department • Farmers’ Market Rules

  5. Example: Ohio Regulations • What food equipment is necessary for cold holding at farmers’ markets and mobile facilities? OAC 3717-1-04.1(KK) • Equipment “shall be approved by a recognized food equipment testing agency” • Or approved by the ODA, ODH or local health department (licensor).

  6. ODA/ODH Letter of OpinionFebruary 23, 2010 “We believe it is appropriate to allow refrigeration equipment, which has not been approved by a recognized testing agency, and non-mechanical refrigeration (i.e., ice) to cold hold some TCS [time/temperature controlled for safety] foods.”

  7. TCS Foods OAC 3717-1-01(B)(28) "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. The term "leafy greens" does not include herbs such as cilantro or parsley.

  8. Ohio Revised Code 3717.23—RFEs • (F) The licensor may place restrictions or conditions on a retail food establishment license, based on the equipment or facilities of the establishment, limiting the types of food that may be stored, processed, prepared, manufactured, or otherwise held or handled for retail sale. Limitations pertaining to a mobile retail food establishment shall be posted on the back of the license. • (B) A mobile retail food establishment license issued by one licensor shall be recognized by all other licensors in this state.

  9. 2. Local regulation of food production activities: encouraging or discouraging food systems?

  10. Producer’s Perspective: A Sustainable Food System • Growing • Processing • Transporting • Marketing

  11. Rural vs. Urban • Rural agricultural land use • Limited local zoning authority. • But processing and marketing activities can increase regulatory authority. • Urban agricultural land use • Can be subject to broader municipal powers. • Agriculture often prohibited.

  12. Regulation of Agricultural Land Uses • What warrants regulation, and where? • Rethinking food production systems in urban areas: • Mixed land uses. • Rethinking “agriculture” in rural areas: • Beyond traditional productionactivities.

  13. Policy Issues for Ohio • Food safety regulation • Identifying producer challenges • Can we create a more consistent regulatory landscape? • Addressing FSMA • Land use regulation • Allowing for sustainable food production systems in both rural and urban areas.

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