Farmer s Markets. Regulatory Considerations for Tennessee Food Manufacturers. Mike Brown Outreach Coordinator Tennessee Department of Agriculture

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1 Farmer s Markets Regulatory Considerations for Tennessee Food Manufacturers Mike Brown Outreach Coordinator Tennessee Department of Agriculture

2 Agencies Federal USDA Meat and Poultry Catfish Egg Products (eggs removed from shell) FDA Seafood Shell Eggs Produce Manufactured foods

3 Agencies State Department of Agriculture Dairy Food Feed Weights & Measures Plant Certification Manufactured Foods Department of Health Local Health Departments Restaurant and Catering Food Establishments

Manufactured Foods Department of Health Local

4 Responsibilities (lead public health agency related to food safety) TN Dept. of Agriculture Retail Food Stores Delis and In House Food Service Dairy Farms Dairy Container & Closure Manufacturers Dairy Processing Plants Beverage Bottling Plants Food Manufacturers and Warehouses Seafood Custom Slaughter

Farms Dairy Container & Closure Manufacturers Dairy Processing Plants

5 TN Dept. of Agriculture Retail Food Stores 6550 inspected by TDA 2950 by contract w/counties 5500 delis/in-house food service Small mom and pop s to superstores

6 TN Dept. of Agriculture Dairy Farms (stable to table/gate to plate) 379 Grade A dairy farms 3 goat dairy farms 3 sheep dairy farms (1 ships frozen) Most regulated entity in the food industry

7 TN Dept. of Agriculture Dairy Processing Plants 25 Dairy Processors Frozen dessert Cheese Large Hispanic cheese manufacturer Sour cream Fluid milk Yogurt (largest in US, in world w/expansion) 2 new plants - Unilever, Bongard

8 TN Dept. of Agriculture Beverage Bottlers Soft Drinks Beer Water Wineries Distilleries

9 TN Dept. of Agriculture Food Manufacturers and Warehouses 1267 food manufacturers (doubled in last 6 yrs.) 511 warehouses Small jam and jelly to 1,000,000 sq. ft. facility 185 FDA Contract Food Inspections 283 COOL audits Approximately 149 Domestic Kitchens Approximately 28,000 public health inspections per year Approx. 4,000 food/dairy samples per yr.

last 6 yrs.) 511 warehouses Small jam and jelly to 1,000,000 sq. ft.

10 Reality All processed foods must come from licensed and inspected facilities with the exception of: Honey from honey producers that produce less than 150 gallons of their own honey Eggs from people who sell less than 18,000 from their own flock every year Domestic kitchens that opt out of inspection

less than 150 gallons of their own honey Eggs from people who sell less

11 A Question For You Have you purchased a food from a store shelf in the last week?

12 Food Safety Program Our primary role is to protect the public s health and while doing so potentially lessen the liability of those persons that wish to produce a safe food for the consuming public.

13 Original HACCP Plan

14 Domestic Kitchen Rules Supports cottage food industry Non-potentially hazardous foods Non-refrigerated baked goods, candies and jams/jellies, etc. In May 2012, law was passed which allows manufacturers to opt-out of inspection and permitting by the Tennessee Department of Agriculture

15 Opting Out Allows manufacturers to sell direct to consumers They must display an 8.5-by-11-inch sign with 0.75-inch font at the place of sale stating, "These food products were made in a private home not licensed or inspected."

16 Pertinent Items Baked foods/jams/jellies/candies Food safety course prerequisite No pets/no pets/no pets/no domestic duties Separate refrigerator/ingredient storage Hand washing/food grade materials/cleaners Labeling/lot numbers/packaging materials Hair covering/disease/tobacco/pest control

refrigerator/ingredient storage Hand washing/food grade

17 Acidified Foods Foods with >10% by weight in particulates that are low acid (ph >4.6) Vegetables Eggs Nuts Examples: salsa, pickles, chow-chow

18 Acidified Foods Must adhere to GMPs as well as acidified food regulations Manufactured in commercial facility Community kitchen - rent time Rent time from a restaurant/caterer while closed Co-packer- another company manufacturer your product Require minimum batch sizes Build their own

rent time Rent time from a restaurant/caterer while closed Co-packer-

19 Better Process Control School Must take a one-time class Educates manufacturers of the acidified food requirements Microbiology- food safety Process controls- cook time/temperature Product measurements ph Records

requirements Microbiology- food safety Process

20 Better Process Control School University of Tennessee Taught annually Online Course- UC Davis ive_extension_short_courses/better_process_co ntrol_school_online/

21 Formulated Acid Foods Foods with natural ph <4.6 Usually Less than 10% by weight particulate low acid foods Most of our sauces and dressings fall into this category BBQ sauce, mayonnaise and marinades

22 Formulated Acid Foods Still recommend review of product formulation and processing steps Must adhere to GMPs Manufactured in a commercial kitchen Inspected and permitted by TDA

23 Fruit Juices Manufacturing must take place in a commercial facility licensed and inspected FDA Regulation required processing step to achieve a 5-log reduction or % of pertinent pathogens Implement Hazard Analysis and Critical Control Point system in addition to GMPs

24 Beverage Bottlers Soft Drinks Teas Fermented Beverages Water Beer Wineries Moonshine Regulated by TDA

25 Poultry Small processor <20,000 birds/year Exempt from full-time inspection Subject to USDA sanitation standards USDA Small and Very Small Plant Outreach: mall_plant_outreach/index.asp#compliance_ Assistance

26 Retail Meat Sales Animals processed at USDA inspected facility Meat packaged and labeled at USDA facility Labels must meet USDA regulations. - include name of product, complete address of individual offering meat for sale, net weight, price per pound, total price of product, lot/code recommended Storage in separate freezer in a secure area away from potential sources of contamination $50 Retail meat sales permit through TDA Posted where sales occur

27 Retail Meat Sales Transported in a secure manner - freezer operated by inverter is acceptable No re-freezing of product refrigerated product maintained under 41F. Display packages marked For Display Only and not offered for sale

28 Retail Meat Sales

29 Eggs No permit/inspection required <3,000 birds Limit of 50 cases (30 dozen per case) of unclassified eggs per year Must be from own flock- no distributors Must be labeled Unclassified Name of producer Eggs deemed adulterated may not be offered for sale.

30 Washing Eggs Wash in a mild detergent ~10 F higher temp than egg Dip in warm potable water Dip in sanitizer (chlorine ppm)

31 Honey No permit/inspection required <150 gallons per year Only sell product they produced Must be labeled Name, address, & net weight 100% Pure Honey Not Pure Honey - Include ingredient listing

32 Sorghum Molasses Must be labeled Name, address, & net weight 100% Pure Sorghum Molasses Not Pure Sorghum Molasses - Include ingredient listing Inspected by TDA

33 Fresh Cut and Shelled Produce or Nuts Fresh produce that has been cut, shredded, sliced, chopped, torn, or shelled To reduce the risk of pathogen growth, maintain cut produce at 41 F (5 C) or less during storage and display Routinely monitor the temperature of the product and the equipment used to maintain product temperature Will need to be processed in a facility inspected and permitted by TDA

34 Weights And Measures Scales used for retail sale must meet appropriate standards & inspected by TDA Nat l Type Evaluation Program (NTEP) Annual TDA inspection & permit fees - <2500 lbs. - $ >2500 lb. - $75.00 Non-compliant scales must be repaired by registered service company TDA has a list Net Wt. only lbs. ozs. & grams. Questions Bob Williams

35 Thank you for your interest! We ve covered some of the basics for the most common products entrepreneurs develop for Farmer s Markets I m only a call or away Mike Brown/Outreach Coordinator (615) Mike.f.brown@tn.gov

36 Tennessee Dept. of Agriculture Consumer and Industry Services Food and Dairy Division Shanna Lively, Food and Dairy Administrator (615)

37 Questions From You

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