POLICY REPORT
HEALTH
Date: March 1, 1999
Author/Local: D.Losito/714-5677RTS No. 00583
CC File No. 3501P&E: 25 March 1999
TO: Standing Committee on Planning and Environment
FROM: Director of Environmental Health
SUBJECT: Sale of Meat and Dairy Products at East Vancouver Farmers' Market
CONSIDERATION
THAT the East Vancouver Farmers' Market be permitted to include the sale of pre-packaged fresh meats and cheese products, from approved, government-inspected sources and that the Director of Environmental Health be requested to amend the Health Board's Farmers' Market Guidelines accordingly.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services submits the foregoing for CONSIDERATION.
COUNCIL POLICY
On May 14, 1996, Council approved a number of motions related to the proposed operation of the East Vancouver Farmers' Market, including the following motion with respect to food safety:
THAT, if A is approved, the guidelines established by the Director of Environmental Health in determining which food products can be safely sold at the Farmers' Market be endorsed.
PURPOSE
This report is written in response to a request from the organizers of the East Vancouver Farmers' Market to Vancouver City Council, dated October 13, 1998, to amend the food safety guidelines developed in conjunction with the Vancouver/Richmond Health Board to include the sale of meat and dairy products.
BACKGROUND
On May 14, 1996, Council approved the initial operation of the East Vancouver Farmers' Market and concurrently, endorsed food safety guidelines as developed by the Environmental Health Division in consultation with the Market sponsors. The guidelines are reproduced in Appendix A of this report. Over the past three years of operation of the Farmers' Market there has been a high level of compliance with these guidelines.
However, mid-way through the 1998 market season Environmental Health staff discovered that packaged frozen meat products were being sold at the market contrary to the guidelines. Sponsors of the market indicated that they were frustrated by the lack of movement on expanding the list of approved products and had taken this action to get the ball rolling on amending the guidelines.
DISCUSSION
The initial guidelines were developed jointly with the Market sponsors and focused on "low hazard" food products. Although there were some inquiries about the possibility of selling meat at the market, there did not appear to be active and concerted interest by the proponents.
From strictly a health perspective, there is likely very little hazard from the sale of fresh (or frozen) meat or cheese products, which are produced/processed in a government-inspected plant, pre-packaged and kept refrigerated (or frozen) up to the point of sale to the farmers' market customer. That is the conclusion reached by the Simon Fraser Health Region last year in their decision to allow the same meat vendor to sell at the Coquitlam Farmers' Market. The Manager of the Food Safety Program of the Ministry of Health has also arrived at the same conclusion in the drafting of new provincial guidelines pertaining to temporary food establishments, including farmers' markets. The Ministry has recommended that all Farmers' Markets post a visible sign at entries to the market indicating that home processed products sold through the market, although restricted to low hazard items, do not benefit
from the full range of food safety inspections that commercially-processed products do. The Beef Information Centre was asked to comment by the Market proponents, on the sale of meat at farmer's markets. They concluded that this could be a benefit to consumers but that certain conditions should apply to these sales, including "... facilities at the market must meet the health and safety requirements for retail establishments as outlined by the regional health board."
Having considered the relative risk of the products, and guided by the provincial guidelines, the Director of Environmental Health is prepared to approve the expansion of the list of approved foods to include fresh meats and cheese under the following conditions:
- these products are processed in a government-inspected plant;
- pre-approval be sought from the regional health staff on the source of the product;
- all products are pre-packaged at that plant;
- all products are kept refrigerated (or frozen) up to sale to the final consumer; and
- there be no slicing or breaking down into smaller packages at the market.If the only issue were the "safety" of the food products, including meats and dairy products, staff would not likely have found it necessary to bring this before Council. However, there are issues around fairness, equity and competition that staff referenced in the 1996 report that begin to be amplified under this proposed expansion. Although the inclusion of meats and dairy products has the benefit of enhancing market access to smaller producers and increases the availability of B.C. products to Vancouver residents, it also introduces a level of what some merchants may perceive as "unfair competition". These changes may be seen as unfair by nearby local merchants, in that they have to pay business licenses, rent or own permanent buildings and provide facilities and equipment (e.g., sinks, refrigerators) which add to the capital and operating costs of their retail food stores.
There may also be a technical impediment to allowing the sale of meat at the Farmers' Market. Vancouver Health By-law #6580 states in section 3.47:
"No person shall carry on the business of selling meat or fish by going from place to place or home to home, or, except as otherwise permitted by this by-law, by soliciting business on any street, lane or other public place." (underlining added)
Staff has actively applied this provision to prevent the door-to-door solicitation conducted by frozen meat companies. To a great extent this enforcement has been carried out on a complaint basis. A relaxation provided to the Farmers' Market may be seen by those in the business of soliciting frozen food sales door-to-door, as an unfair application of the regulations. Should Council approve the proposed expansion of permitted products to include fresh meats and dairy products, Environmental Health staff would interpret this as direction to staff to not enforce this provision when meat is being sold at Farmers' Markets located in a public place (e.g. John Hendry Park).
Finally, a question has been raised about what defines a "farmers' market" and whether expansion into processed meats and dairy products, albeit from smaller "cottage" processors, remains faithful to the original purpose and definition of farmer's markets. The East Vancouver Farmers' Market sponsors have given this careful consideration and have established parameters which should protect the integrity and intent of the Farmers' Market approach, with emphasis on locally raised/processed products.
CONCLUSION
From strictly a health perspective, there is no compelling reason why Council should not endorse the expansion of the approved food list for farmers' markets in Vancouver. Council may, however, wish to consider the costs and trade-offs of allowing this expansion from the perspective of existing merchants in the vicinity of these types of farmer's markets.
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APPENDIX A
Guidelines for Temporary Food Establishments (Excerpt)
PURPOSE
The aim of this guide is to provide basic information on the preparation and sale of food sold at temporary food markets. The market sponsor is responsible to ensure that vendors are aware of and comply with these guidelines.
DEFINITIONS
Temporary Food Markets: are short term group markets which may include farmers' markets, charity fairs and craft fairs.
Potentially Hazardous Foods: means any food or ingredient, natural or synthetic, which is capable of supporting growth of microorganisms which can lead to infection or illness in people.
Non-hazardous Food: Generally, foods are non-hazardous because they are DRY (water activity .85 or less), SALTY (greater than 20% salt content), ACIDIC (pH 4.6 or less), or SWEET (sugar content greater than 60%), or COMMERCIALLY PROCESSED (canned) and do not require refrigeration.
If necessary, to determine if food is potentially hazardous or non-hazardous, testing may be conducted by any local laboratory approved by this department.
WHICH FOODS ARE NOT ACCEPTABLE?
Temporary food market vendors shall not sell potentially hazardous foods, including meat and poultry, milk and milk products, fish and home-canned low-acid (above pH4.6) foods such as vegetables and meat.
Appendix A - 2
WHICH FOODS ARE ACCEPTABLE?
Foods which may be sold include fresh fruits and vegetables or non-hazardous home prepared food. Examples are:
Breads and buns
(no dairy or cheese fillings)
Brownies
Butter tarts
Cakes (icing sugar only, no dairy
or synthetic whipped cream)
Cereal products
Chocolate (providing it is used as an
ingredient in a product that has
undergone cooking at 71oC (160oF)
or hotter)
Cinnamon buns
Cookies
Dried fruits
Eggs, whole & uncracked, refrigerated
Flaked pastry, fruit filled
Fruit pies and tarts
Fudge
Hard candy
Honey
Jam
Jelly
Juice, fruit or vegetable
Muffins
Noodles, dry only
Pickles, with pH 4.6 or less
(vinegar based)
Popcorn, dry only
Relish, with pH 4.6 or less (vinegar based)
Rice crispy squares
Syrup
Toffee
Wine vinegar
FOOD PREPARATION
All home prepared food must be prepared in a clean and well equipped kitchen. Food must be in good condition, free from spoilage and contamination.
Good personal hygiene is an important factor in proper food handling. Frequent and thorough handwashing is essential in the home preparation of foods.
It is recommended that all foodhandlers complete the basic "FoodSafe" training program.
Food Vendors must complete a vendor application form and be responsible for the quality and safety of their own products.
Appendix A - 3
FOOD PROTECTION
All foods stored, displayed or offered for sale shall be protected from contamination at all times. Ready to eat foods other than fresh fruits and vegetables shall be pre-packaged. NO portioning or slicing on site is permitted.
All packaged products must be labelled with the common product name, volume/weight, date of preparation, list of ingredients and the producer's name.
Only proper sealing jars (Mason type or equivalent) may be used for accepted canned products. These jars can be re-used for processing (canning) providing they are in good condition, clean and properly sterilized. Sealing rings and lids must be new. Jams and jellies may be wax sealed provided they are airtight and secure from the entry of spoilage microorganisms.
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(c) 1998 City of Vancouver