Groups Now Need Permits To Serve Food

2008-02-14 / Front Page

Health Dept. Steps Up Scrutiny of Small Events
By Amy Polk

Groups that want to host a fish fry fundraiser might now need a license to do so.

Over the past seven years, Michigan has been stepping up food safety enforcement, and local health departments are being held to higher standards. As a result, local community organizations and events where food is served can expect more attention from the health department.

The Les Cheneaux Historical Association was surprised at the end of last year, for example, to learn it needed a food service permit to serve cookies and refreshments to the public. The organization had served homemade cookies, cheese and crackers, and hot cider at its annual Christmas open house for more than 10 years, but never before needed a permit. The free event has always been open to the public and has been held in conjunction with an auction fundraiser the past four years. This time, however, members were contacted by the health department and asked to get a permit.

"They were serving food to the public, so they had to have a temporary food service permit," said Elizabeth Suggitt, food service program coordinator for Luce-Mackinac- Alger-Schoolcraft Health Department (LMAS) in St. Ignace. She further explained that the cookies at the museum's event were acceptable without a permit, but the hot cider was not. Heating a refrigerated beverage can create conditions where bacteria and contaminants will thrive.

LMAS is scrutinizing these events more closely than in the past, and has been scanning local newspapers to find out where people are serving food, so health department officials can contact organizers about permits, or visit the events to inspect food there.

"What we're worried about is food safety," said Becky Peterson, supervisor of the Michigan Department of Agriculture's Food Service Program. "If they're serving Oreos and a pot of coffee, we're not going to be as concerned. But if there's cream and milk and other kinds of food with the potential to carry food-borne illness, a permit will probably be required."

Most people serving food to the public need a permit (see sidebar for list of exceptions), Mrs. Suggitt added, even nonprofit organizations like the Historical Association. Nonprofits pay $50 for the permit, while private or "for-profit" organizations are charged $60. Nonprofit applicants must show proof of 501(c)3, status.

A food service license is not required for potlucks and bake sales, nor is a permit required to sell pre-packaged food made in a licensed kitchen. Michigan's food law states that charitable, religious, fraternal, or other nonprofit organizations can operate a home-prepared baked goods sale or serve only home-prepared food in conjunction with meetings or as part of a fundraising event.

If an organization makes it clear that the food is homemade by calling it a "potluck," the public can expect the foods there are made in someone's kitchen, and not inspected for food safety, she said. Chili cook-offs are included in the potluck category.

"People expect their food to be served safe. That's why we license it," Mrs. Peterson said. "The whole reason for the license is to get a qualified sanitarian to come in and inspect for food safety to make sure the people serving it are trained to prevent the spread of food-borne illness."

Some of the safety requirements that must be met before a license is issued include wearing latex gloves so there is no bare-hand contact with food, proper hand and utensil washing stations, and use of sanitizers. Food servers must also demonstrate how they will cook food at the proper temperature, keep cold products cold, and keep the preparation area clean. A five-page checklist of food service guidelines is provided with temporary applications.

Even food made in a licensed kitchen may need another license to be served to the public. Many organizations choose to serve from a community center or school kitchen, but if a properly trained kitchen manager is not on site during preparation, the organization renting the facility may be required to get an additional temporary permit for the event.

Soup luncheons and other meals hosted by nonprofits can serve food brought there from another location if the event is classified as a potluck. Otherwise, food must be made in a licensed kitchen. Fixed kitchen licenses vary in cost and scope, taking into account the features of the kitchen and types of food that will be served there. Ms Suggitt said the typical church kitchen is licensed as a Type II kitchen, which costs $260 annually.

"Really what we're looking for is if the food comes from an approved source, and we're looking to see that people are taking precautions to eliminate food-borne threats to the public," Mrs. Suggitt said. "We don't want to get anyone in trouble."

One of the most common foodborne threats is norovirus, more commonly known as "stomach flu." The illness, Mrs. Peterson said, is tenacious and easily spread by individuals and food handlers who do not wash their hands or wear gloves. The virus causes symptoms of nausea, vomiting, diarrhea, fever, aches, and chills and can last two or three days.

Every year, 76 million people contract a food-borne illness in the United States, Mrs. Suggitt said. Of those people, 325,000 are hospitalized, and 5,000 die. There have been four food-borne illness outbreaks in the LMAS district in the past three years. Two of those were in Mackinac County.

Health departments are now required to be accredited every three years by the state and are now subject to more scrutiny from the Michigan Department of Agriculture, Department of Community Health, and Department of Environmental Quality, which evaluate every three years to make sure the departments are doing their job.

LMAS has improved its standards to be in line with state regulations, and this includes stricter application of the law, and making sure events with food have permits, she said.

Mrs. Suggitt advises anyone planning a community meal or event with food to first check with the health department to learn what activities require a license. In Mackinac County, call the LMAS Health Department office in St. Ignace at 643-1100. Residents of Luce County or the far west end of Mackinac should call LMAS at 293-5107. In Chippewa County, call the Health Department in Sault Ste. Marie at 635-1566

Nonprofit organizations that cannot afford license fees may consider hosting a bake sale or potluck. They may choose to serve prepackaged foods prepared in a licensed kitchen, or they may want to eliminate perishable or unstable foods from the food they offer to the public.

What Events Will Not Need a Food Service License?

According to Michigan's Food Law, there are a few exceptions to the food service permit requirement. Some of the people, establishments, organizations, and events exempt from licensure include:

• Potlucks, and when serving or selling baked goods, because there is an understanding at these events that food will be homemade and not inspected;

• Weddings, funerals, and other social events, because guests are invited;

• Retail food businesses that sell an "incidental" amount of food, single-service packages, or prepackaged, non-potentially hazardous foods;

• A mobile food establishment, such as an ice cream truck, that offers only prepackaged, singleserving, frozen desserts;

• People offering whole, uncut fresh fruits and vegetables directly to consumers;

• Consumers and members of nonprofit food cooperatives, as well as growers selling unprocessed products they produced themselves;

• Retail honey and maple syrup stores if the products are made in Michigan and the store is owned by the producer;

• Commercial fishing guide service that serves lunch to a party of not more than 12 clients, on or adjacent to a body of water, river, or stream;

• Private events for a nonprofit trade association representing food establishments, suppliers, or manufacturers where limited food preparation takes place for the purpose of advertising, displaying, promoting, and sampling prepared food;

• Person owning or operating a device that dispenses bottled or canned soft drinks, other packaged nonperishable foods and beverages, gum, nuts, and candies;

• Emergency or disaster response feeding operation;

• Food prepared in a state-licensed kitchen that can be moved to and served in a temporary location, as long as the food is not prepared at the temporary site. Examples include food such as sandwiches and pre-packaged salads made by a restaurant and sold as concessions.

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