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-abridged version for purposes of setting BOS Hearing Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: January 27, 2014 Board of Supervisors (BOS) Hearing Date: June 11, 2014 Case #/Title: ES-2013-009/FDA Food Code Reference Amendment Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve the proposed revision to the Maricopa County Environmental Health Code (MCEHC) to align the MCEHC with A.R.S. § 36-136 and eliminate a conflict with the 2009 FDA Food Code, which disallows food prepared in a private home from being offered for human consumption in a Department permitted food establishment. This proposal updates a MCEHC FDA 2009 Food Code reference to allow registered A.R.S. § 36-136 stakeholders to prepare not potentially hazardous baked and confectionary goods (goods) in a private home kitchen for commercial purposes and to offer these goods for sale in food establishments that have a valid Department permit. Support/Opposition: At the October 28, 2013 BOH meeting, the Department presented comments received from twelve stakeholders via the Enhanced Regulatory Outreach Program (EROP) website: five expressed support, five opposed and two requested information. After emailing MCEHC proposal clarifications to opposing stakeholders, one opposition remained. Four stakeholders attended the October 8, 2013 stakeholder meeting; three expressed support and one did not state an opinion of opposition or support. At the January 27, 2014 BOH meeting, the Department presented comments received from nine additional stakeholders via the EROP website: eight expressed support and one opposed. Department attempts to contact the one opposed stakeholder failed; emails sent to the listed address were returned undeliverable. Five stakeholders attended the November 18, 2013 stakeholder meeting and all five expressed support. Page 1 of 2 Department Recommendation: Approve BOH Recommendation: Approve Executive Summary: This MCEHC submittal was initiated to align with A.R.S. § 36-136 and eliminate a conflict with the 2009 FDA Food Code that disallows food prepared in a private home from being offered for human consumption in a permitted food establishment. Without this MCEHC revision, Department permitted food establishments would be in violation of the MCEHC if they sold registered A.R.S.§ 36-136 stakeholder goods in Department permitted establishments. 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 Department to proceed with this case in September 2013. Also, the County Manager briefed the Board of Supervisors in September 2013. EROP received opposing comments that indicate stakeholders believe the proposed code change will disallow the sale of their goods in Department permitted establishments; however, the code change actually allows registered A.R.S. § 36-136 stakeholders the opportunity to sell their goods in Department permitted establishments. An initial stakeholder meeting was conducted on October 8, 2013. Then on October 28, 2013, the Department presented a Staff Report for this case to the BOH at which time the BOH voted in support to initiate this case. The Department conducted a follow-up stakeholder meeting on November 18, 2013. Then on January 27, 2014, the Department presented a Staff Report for this case to the BOH at which time the BOH voted to recommend the BOS adoption of the revision to the MCEHC. Presented by: John Kolman, R.S., MBA, Director Attachments: Report to BOH (01/27/14) – (64 pages) Addendum to Report to BOS (stakeholder input/MCESD responses received post 1/27/14 Report to BOH) – (2 pages) Page 2 of 2 . MARICOPA COUNTY HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 2 FOOD ESTABLISHMENTS REGULATION 1. Food Establishments a. As ofEFFECTIVE March 31, 2010, the following provisions of the U.S. Food and Drug Administration 2009 Food Code, AND NO FUTURE EDITIONS OR AMENDMENTS, except for Section 3-304.15,IS ADOPTED AND are incorporated by reference, EXCEPT AS FOLLOWS. 1. SECTION 3-304.15 IS OMITTED; 2. SECTION 3-201.11(B) IS AMENDED TO READ: FOOD PREPARED IN A PRIVATE HOME MAY NOT BE USED OR OFFERED FOR HUMAN CONSUMPTION IN A FOOD ESTABLISHMENT UNLESS THE FOOD IS PREPARED IN COMPLIANCE WITH A.R.S. § 36-136(H)(4)(G). b. No future editions or amendments made to the U.S. Food and Drug Administration 2009 Food Code are incorporated by reference in Subsection a.A FOOD ESTABLISHMENT THAT SERVES OR VENDS FOOD DIRECTLY TO THE CONSUMER THAT HAS BEEN PREPARED IN A PRIVATE HOME IN COMPLIANCE WITH A.R.S. § 36-136(H)(4)(G) SHALL ENSURE THAT THE FINAL CONSUMER OF THE PRODUCT SERVED OR VENDED RECEIVES A COPY OF THE REQUIRED PACKAGE LABEL IN ACCORDANCE WITH A.R.S. § 36-136(H)(4)(G). THIS INCLUDES FOOD PREPARED BY THE FOOD ESTABLISHMENT THAT INCORPORATES PRODUCTS PREPARED IN COMPLIANCE WITH A.R.S. § 36-136(H)(4)(G). c. No Change d. No Change REGULATION 2. to REGULATION 5. No Change