StarBulletin.com

Farmers market produce exempt from state rules


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POSTED: Tuesday, January 26, 2010

QUESTION: With the recent food scare in Chinatown, what health regulations govern the community farmers markets? I'd like to support our local farmers and would like more information regarding the safety of the food sold at these markets.

ANSWER: There are specific state Department of Health regulations regarding “;Temporary Food Establishments,”; which include farmers markets, that operate no more than 20 days within a 120-day period at a fixed location.

Although those regulations, for food in general, are similar to those for regular grocers and supermarkets, there is “;one big difference,”; said Sidney Doi, program specialist with the department's Sanitation Branch.

Chapter 12 of the department's Administrative Rules specifically exempts raw produce from the requirements of the regulation, he said.

He pointed out that the definition of a “;food establishment”; excludes certain types of operations from the sanitation regulations (see gen.doh.hawaii.gov/ sites/har/AdmRules1/11-12.pdf).

Among those excluded is “;a produce stand that only offers whole, uncut fresh fruits and vegetables.”;

Doi explained that this recognizes that farmers selling produce in its raw or natural state should not be subject to the same regulations as a “;food establishment.”;

Among the requirements for a temporary food establishment: All food has to be prepared in an approved kitchen or obtained from a source approved by the health director; all enclosed packages or containers of potentially hazardous foods have to be “;clearly and prominently labeled”; to identify the contents as being perishable and in need of refrigeration; all food and drinks have to be protected from customers and insects, rodents, dust and other contamination; and employees are subject to health regulations regarding personal cleanliness.

That all said, temporary establishments are not subject to regular or routine inspections by sanitation inspectors because of budget restrictions.

Recent reports, following the release of a video showing rats overrunning a produce stall in Chinatown, pointed out how short-staffed the department's Sanitation Branch is, with one inspector for every 633 food establishments on Oahu.

But those numbers do not include temporary events.

Doi said the Oahu Sanitation Branch issues about 150 temporary food establishment permits each month, covering chicken sales, fundraisers, carnivals, fairs, sporting event concessions, block parties, Sunset on the Beach type of events, etc., as well as farmers markets.

The majority of these events occur on weekends and evenings, which means outside of normal work hours. As a result, “;primarily due to budget restrictions, inspections of these events are rarely conducted,”; Doi said.

If the public has a general complaint or concern about a food product being sold at a temporary food establishment, they can file a complaint with Doi's office, “;and we will do the best we can to investigate it.”;

You should provide as much detailed information as possible. On Oahu, call 586-8000; Kauai, 241-3323; Maui, 984-8230; Hilo, 933-0917; Kona, 322-1507.

Doi said if the complaint is regarding a possible food-borne illness, they should call the Health Department's Disease Investigation Branch at 586-4586.

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