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-Abridged Version for the Purpose of Setting the BOS Hearing- Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: January 23, 2017 Board of Supervisors Hearing Date: March 8, 2017 Case #/Title: ES-2016-003/Farmers Market Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve proposed revision to Maricopa County Environmental Health Code (MCEHC) – Chapter VIII. Support/Opposition: Two Farmers Market stakeholder representatives attended the November 7, 2016 public meeting and both supported this proposal. In addition an email was received with another 6 supporting stakeholder’s comments, no oppositions have been received. Department Recommendation: Staff recommends the Board of Supervisors (BOS) approve the proposed MCEHC. BOH Recommendation: Approve per Department recommended language and proceed on the EROP expedited process. Executive Summary: The MCEHC Chapter VIII revision adds a farmer’s market coordinator and increases business owner market opportunities. The coordinator will submit documentation to the Department, be present during farmers market operating hours, and ensure certain sanitary measures are applied. Coordinator oversight of sanitary measures (e.g. hand sink design and application), will provide food venders the opportunity to utilize temporary hand wash stations in lieu of having installed units. By allowing greater flexibility under coordinator direction; this proposal increases opportunities for business owners while ensuring public health and safety are maintained. Page 1 of 2 This MCEHC revision proposal is following the EROP policy and workflow process, without added fees. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in September 2016. In October 2016, the County Manager briefed the Board of Supervisors. The Department conducted a stakeholder workshop on November 7, 2016. Then on January 23, 2017 the Department presented a Staff Report for this case to the Board of Health (BOH) at which time the BOH approved this case to proceed on the EROP expedited process for the BOS to adopt the proposed Department revision Presented by: Steven J. Goode, REHS, Director Attachments: Report to the BOH - (2 Pages) County Manager Memo – (1 Page) Code Revision Language – (5 Pages) Presentation – Stakeholder Meeting (11/07/16) - (5 pages) Stakeholder Meeting Minutes (11/07/16) – (2 page) Stakeholder Comments (3 Pages) Page 2 of 2 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 1 GENERAL PROVISIONS REGULATION 1. Definitions (1) to (27) No Change (28) “FARMERS’ MARKET” MEANS AND REFERS TO A MARKET WHERE PRODUCERS, AS DEFINED IN ARIZONA REVISED STATUTES § 3-561, SELL OR GIVE AWAY THEIR PRODUCTS DIRECTLY TO CONSUMERS. (29) “FARMERS’ MARKET COORDINATOR” MEANS AN INDIVIDUAL RESPONSIBLE FOR THE OPERATION OF THE FARMERS’ MARKET IN CONFORMANCE WITH THE REQUIREMENTS OF THIS CODE, INCLUDING PROVIDING COMMON FACILITIES FOR AND MONITORING THE FARMERS’ MARKET FOOD ESTABLISHMENTS. (30) (28) No Change (31) (29) No Change (32) (30) No Change (33) (31) No Change (34) (32) No Change (35) (33) “No Change (36) (34) No Change (37) (35) No Change (38) (36) No Change (39) (37) No Change (40) (38) No Change 8-1 (41) (39) No Change (42) (40) No Change (43) (41) No Change (44) (42) No Change (45) (43) No Change (46) (44) No Change (47) (45) No Change (48) (46) No Change (49) (47) No Change (50) (48) No Change (51) (49) No Change (52) (50) No Change (53) (51) No Change (54) (52) No Change (55) (53) No Change (56) (54) No Change (57) (55) No Change (58) (56) No Change (59) (57) No Change (60) (58) No Change (61) (59) No Change (62) (60) No Change (63) (61) No Change 8-2 (64) (62) No Change (65) (63) No Change (66) (64) No Change (67) (65) No Change (68) (66) No Change (69) (67) No Change (70) (68) No Change (71) (69) No Change (72) (70) No Change (73) (71) No Change (74) (72) No Change (75) (73) No Change (76) (74) No Change (77) (75) No Change REGULATION 2. to REGULATION 11. No Change 8-3 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 2 FOOD ESTABLISHMENTS REGULATION 1. to REGULATION 7. No Change REGULATION 8. FARMERS’ MARKETS A. THE FARMERS’ MARKET COORDINATOR IS RESPONSIBLE FOR SUBMITTING A FARMERS’ MARKET COORDINATOR APPLICATION PRIOR TO THE OPENING OF THE MARKET FOR THE FIRST TIME AND PRIOR TO THE OPENING OF THE FARMERS’ MARKET EACH SEASON. B. THE FARMERS’ MARKET COORDINATOR IS RESPONSIBLE FOR PROVIDING UPDATED VENDOR LISTS TO THE DEPARTMENT UPON REQUEST. C. A FARMERS’ MARKET COORDINATOR SHALL BE PRESENT AT THE FARMERS’ MARKET DURING OPERATIONAL HOURS. D. FOR PURPOSES OF THIS SECTION, AN APPROVED TEMPORARY HAND WASH STATION MEANS AN INSULATED CONTAINER THAT IS EQUIPPED WITH A MINIMUM 5 GALLON CAPACITY AND A SPIGOT TO ALLOW FOR THE CONTINUOUS FLOW OF WATER; AN ADEQUATE SUPPLY OF POTABLE WATER AT A MINIMUM TEMPERATURE OF 38°C (100°F); A WASTEWATER CONTAINER CAPABLE OF PROPERLY RETAINING WASTEWATER FROM THE HAND WASH STATION; AND AN ADEQUATE SUPPLY OF HAND SOAP AND PAPER TOWELS. 8-4 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 6 FOOD RELATED FACILITIES In addition to complying with the regulations in Section 1 and 2 of this Chapter, beverage plants, damaged and salvaged food establishments, bakeries, ice manufacturing plants, refrigerated warehouses, and food catering establishments shall comply with the following regulations. REGULATION 1. to REGULATION 6. No Change REGULATION 7. Food Caterers a. to l. No Change M. FOOD CATERERS OPERATING AT FARMERS MARKETS MAY BE APPROVED TO USE AN APPROVED TEMPORARY HAND WASH STATION WHEN THE MARKET COORDINATOR PROVIDES WRITTEN DOCUMENTATION THAT EACH FOOD CATERER HAS AN APPROVED TEMPORARY HAND WASH STATION DURING ALL TIMES OF OPERATION. REGULATION 8. and REGULATION 9. No Change 8-5