REPORT TO BOS.PDF

Abridged Version
Report to the Board of Supervisors
‘Prepared by the Maricopa County Environmental Services Department Services
Environmental
: epartment
Board of Health (BOH)
Meeting Date: April 28, 2014
Board of Supervisors
(BOS) Hearing Date: June 11, 2014
Case #/Title: ES-2013-006/Confectionary Food Establishment
Supervisor Districts: All Districts
Applicant: Maricopa County Environmental Services Department (MCESD)
Request: Approve the proposed revision to the Maricopa County
Environmental Health Code (MCEHC) Chapter Vill to create a
new permit and applicable plan review and annual permit fees
of $307.50 and $155.00, respectively. This proposed revision will
allow citizens of Maricopa County to prepare not potentially
hazardous bakery and confectionary items for direct consumer
sales and for wholesaling to other MCESD permitted food
service establishments. The permit definition establishes these
food items as an approved food source for sale by other
MCESD permitted food establishments. This proposal lessens the
burden of equipment/infrastructure requirements necessary to
qualify for an MCESD permit for an owner that may have begun
as a home business and has outgrown the home kitchen.
Support/Opposition: | MCESD received comments from fifteen stakeholders via the
EROP website: nine expressed support, four opposed and two
did not state their position. The four opposing comments were
received following the October 28,2013 BOH meeting and were
for home kitchen fees, which do not pertain to this proposal; the
Arizona Department of Health Services (ADHS) regulates home
kitchen baked and confectionary goods (A.R.S. § 36-136), not
MCESD. MCESD emailed and left phone messages for the four
opposing stakeholders to clarify the proposal. Following efforts
to clarify the ES-2013-006 case proposal, MCESD has not
received any communication from the opposing stakeholders,
except for an undeliverable notification from one email
adaress.
Initial and two follow-up stakeholder meetings were conducted
on July 25, 2013, August 6, 2013, and March 18, 2014
respectively. The one stakeholder who attended the July 25,
2013 meeting supported the MCEHC proposal and the one who
attended the August 6, 2013 meeting did not support or oppose
the proposed revision. Six stakeholders attended the March 18,
Page 1 of 2

2014 meeting and did not state their support or opposition to
the proposed revision.
MCESD
Recommendation: Approve
BOH
Recommendation: Approve per MCESD recommended language.
Executive Summary: This submittal was initiated per conversations with the Honorable
John Kavanagh, State Representative District 23, whose
constituent, registered with the ADHS pursuant to A.R.S. § 36-136
(baked and confectionary goods), wants to wholesale products
to other MCESD permitted establishments.
Revise MCEHC Chapter VIll to create a new permit and
applicable plan review and annual permit fees of $307.50 and
$155.00, respectively, to allow citizens of Maricopa County to
prepare bakery and confectionary items for direct sale to
consumers and wholesale to other permitted food service
establishments within Maricopa County. The permit definition
establishes these food items as an approved food source for
sale by other permitted food establishments in Maricopa
County.
This proposed regulatory change is following the EROP policy
and workflow process. In accordance with the Maricopa
County Resolution, “Moratorium on Increased Regulatory
Burdens”, the County Manager authorized the MCESD to
proceed with this case in June 2013. The County Manager also
briefed the Board of Supervisors in June 2013.
MCESD complied with all statutory and county policies,
|
including the EROP policy. Initial and follow-up stakeholder
meetings were conducted on July 25, 2013, August 6, 2013 and
March 18, 2014 respectively. Then on April 28, 2014, MCESD
presented a Staff Report for this case to the BOH at their public
meeting during which the BOH voted to recommend the BOS
adopt the proposed revision to the MCEHC.
Presented by: John Kolman, R.S., MBA, Director
Attachments: Report to BOH (April 28, 2014) — (82 Pages)
Page 2 of 2

Maricopa County
Environmental Services Department
Jo John Kolman RS, MBA Date: . June 17, 2013
1001 N. Central Avenue #401
Phoenix, Arizona 85004 To: . Tom Manos
Phone: (602) 506-6623
Bax: (602) 506-5141
TDD 602 372-0622 Via: RiGCAICR,
Joy Deputy County Manager
From: John Kolman, R.S., MBA, Director
Re: County Manager Approval — Proposéd Changes to the Maricopa County
Environmental Health Code (MCEHC)
in accordance with the newly passed Maricopa County Resolution, “Moratorium on
Increased Regulatory Burdens,” the Environmental Services Department
(Department) is secking your approval to initiate changes to the MCEHC via the
Enhanced Regulatory Outreach Process (EROP).
The requested changes to the MCEHC qualify for County Manager Approval under
the moratorium, as these changes are necessary to provide adequate service to our
customers. We would refer to this new EROP case as ES-2013-006/Confectionary
~ Food Establishment.--—— - ,
These requested changes to MCEHC Chapter VIII would create a new permit (and
applicable plan review and permit fees} to allow citizens of Maricopa County to
prepare bakery and confectionary items for direct sale to consumers and wholesale to
other permitted food service establishments within Maricopa County. The permit
definition would establish these food items as an approved food source for sale by
. other permitted food establishments in Maricopa County.
- These revisions were initiated per conversations with the Honorable John Kavanagh,
State Representative District 23, whose constituent, registered with the Arizona
Department of Health Services (ADHS) pursuant to A.R.S. § 36-136 (baked and
confectionary goods), wants to wholesale products to other businesses,
It is staffs opinion that this code revision and fee change are “necessary to provide
adequate, timely, or required service.” We are requesting your approval to move
these proposed code revisions forward in accordance with the Maricopa County:
Resolution, Regulatory Burdens.”
nie
Approved by Tom Manos, County Manager

MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER VII
FOOD, FOOD PRODUCTS,
FOOD HANDLING ESTABLISHMENTS
SECTION 1
GENERAL PROVISIONS
REGULATION 1. Definitions
(1) to (18) No Change
9) “CONFECTIONARY FOOD ESTABLISHMENT” MEANS ANY PLACE IN
WHICH THE PROCESSES ARE CARRIED ON OF MIXING,
COMPOUNDING, COOKING, BAKING, OR MANUFACTURING ANY
NON-POTENTIALLY HAZARDOUS (NON-TIME/TEMPERATURE
CONTROL FOR SAFETY) BAKERY PRODUCTS AND
CONFECTIONARY ITEMS TO BE IMMEDIATELY SERVED ON THAT
PREMISES, DIRECTLY TO A CONSUMER, AND/OR FOR RESALE OR
REDISTRIBUTION BY A FOOD ESTABLISHMENT.
| 49) (20) No Change
| (20)(21) No Change
| @H(22) No Change
| @2) (23) No Change
| 3) (24) No Change
| Q4 (25) No Change
| 25} (26) No Change
| 26) 27) No Change
| 2F (28) No Change
(28) 29) No Change
295 30) “No Change

| 69.1) No Change
| 6).G2) No Change
| 623.33) No Change.
| 63.34) No Change
| 64) 35) No Change
| 65.6) No Change
| GOD No Change
| 6F.G8) No Change
| B8}.39) No Change.
| @9)(40) No Change
| 49.40 No Change
| 45.42) No Change
| 429443) No Change
| 43),(44) No Change
| 49.45) No Change
| 45).(46) No Change
| 46).(47) No Change
| 49.148) No Change
| 48)(49) No Change
| 499,(50) No Change
| 60)(51) No Change
| 6562) No Change
| 623653) No Change

| 63)64) No Change
| 64.55) No Change
| 65)(56) No Change
| 6657) No Change
| 6(58) No Change
| 69.59) No Change
| 69 (60) No Change
(69),(61) No Change
(64)(62) No Change
(62),(63) No Change
(63).(64) No Change
(64},(65) No Change
€65),(66) No Change
| 69.62) No Change
| 6F.(68) No Change
| <68)(69) No Change
| 69.70) No Change
| 49.(7) No Change
| 4572) No Change
| 2).(73) No Change
| €3).(74) No Change
REGULATION 2. to REGULATION 11. No Change

MARICOPA COUNTY HEALTH CODE
CHAPTER VII
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 8 No Change
REGULATION 9. CONFECTIONARY FOOD ESTABLISHMENT
A. IN FACILITIES THAT DO NOT MEET §4-301.12 OF THE 2009 FDA
FOOD CODE, WAREWASHING CAN BE ACCOMPLISHED USING
ALTERNATIVE CLEANING AND SANITIZING PROCEDURES
APPROVED BY THE DEPARTMENT. THE DEPARTMENT WILL
EVALUATE THE TYPE/QUANTITY OF UTENSELS REQUIRED TO
BE CLEANED, THE TYPE OF WAREWASHING EQUIPMENT
AVAILABLE, AND THE CLEANING PROCEDURES DEVELOPED
BY THE APPLICANT AS PART OF THE APPROVAL PROCESS.
B. THE DEPARTMENT MAY APPROVE THE USE OF
NONCOMMERCTIAE FOOD SERVICE EQUIPMENT IF IT CAN BE
DEMONSTRATED THE EQUIPMENT CAN BE SUFFICIENTLY
CLEANED AND SANITIZED AND CAN WITHSTAND THE
INTENDED USE OF THE BUSINESS.
C. EMPLOYEES MUST HAVE ACCESS TO A HANDWASHING SINK
WITHIN 25 FEET OF THE FOOD PRODUCTION AREA.
EMPLOYEES CANNOT USE A WAREWASHING OR FOOD
PREPARATION SINK FOR HAND WASHING.
D. FOOD PRODUCTION, FOOD STORAGE, AND EQUIPMENT
STORAGE AREAS MUST CONTAIN CLEANABLE FINISHES AND
BE IN GOOD REPAIR.

E. EMPLOYEES MUST HAVE ACCESS TO A RESTROOM SUPPLIED
WITH A WATER CLOSET, LAVATORY WITH HOT AND COLD
WATER, AND SOAP AND PAPER TOWELS.
KF. THE CONFECTIONARY FOOD ESTABLISHMENT PLAN REVIEW
FRE IS HALF THE PLAN REVIEW FEE FOR THE “ALL OTHER
FOOD ESTABLISHMENTS” CATEGORY, AND THE ANNUAL
PERMIT FEE IS HALF THE “BAKERY” PERMIT FEE, BOTH OF
WHICH ARE LISTED EIN THE CHAPTER I FEK SCHEDULE OF
TT
THIS CODE.
WHEN THE DEPARTMENT HAS PREVIOUSLY PERMITTED THE
LOCATION, HALF THE NEW PERMIT APPLICATION
INSPECTION FEE LISTED IN THE CHAPTER I FEE SCHEDULE OF
THIS CODE MAY APPLY IN LIEU OF HALF THE PLAN REVIEW
FEE