24 April 2015

New CDFA Relations Related to Direct Marketing & Food Safety

On Wednesday, the UC Small Farm Program's Small Farm News blog reported the California Department of Food and Agriculture (CDFA) has recently implemented new regulations related to direct marketing and food safety. The major updates are summarized below, per Small Farm News, and should be reviewed alongside CDFA's Small Farm Food Safety Guidelines.

AB 224 CSA Programs
  • Authorized CDFA to adopt regulations establishing a registration program for CSA producers, including those supplying multi-farm CSA
  •  Approved $75 annual fee, $25 for each amendment
  • Imposed specific requirements related to the labeling and maintenance of consumer boxes and containers that are used in CSA programs to deliver farm products in order to facilitate traceback
    •  Label the consumer box or container used to deliver farm products to the consumer with the name and address of the farm delivering the box or container
    • Maintain the consumer boxes or containers in a condition that prevents contamination
    • Inform consumers, either by including a printed list in the consumer box or container or by delivering a list electronically to the consumer, of the farm of origin of each item in the consumer box or container
    • Maintain records that document the contents and origin of all of the items included in each consumer box or container, in accordance with department regulations
    • Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farm's name, physical address, and telephone number
    • Specified that a registered California direct marketing producer is an approved source, subject to compliance with specified provisions of the law, and that any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, and local laws, regulations, and food safety guidelines shall be deemed to be from an approved source.
AB 1871 Certified Farmers Markets 
  • Raised fee paid by Certified Farmers Markets for their vendors from 60 cents to $2 daily. Only farmers used to pay the fee, but now extended to all vendors, including food and crafts sellers in non-agricultural sections
  • Required farmers to register with County Ag Dept. and pay a fee annually
  • When farmers get their Certified Producers Certification for selling at Certified Farmers Markets, required them to attest that they are “knowledgeable of and intend to produce in accordance with” good agricultural practices (GAPs)--as outlined in CDFA's Small Farm Food Safety Guidelines
  • Authorized use of the term “California grown” and similar terms for marketing, advertising, or promotional purposes only to identify food or agricultural products that have been produced in the state or harvested in its surface or coastal waters, and made the fraudulent use of the term or a deliberately misleading or unwarranted use of the term a misdemeanor
AB 1990 Community Food Producers
  • Defined “community food producers” as an approved source that includes, but is not limited to, community gardens, personal gardens, school gardens, and culinary gardens
  • Permits a community food producer or gleaner to sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted restaurant, or a cottage food operation if the community food producer meets all of the following requirements in addition to any requirements imposed by an ordinance adopted by a local jurisdiction:
    • (1) Agricultural products shall be grown or produced in compliance with subdivision (b) of Section 113735
    • (2) Agricultural products shall be labeled with the name and address of the community food producer.
    • (3) Conspicuous signage shall be provided in lieu of a product label if the agricultural product is being sold by the community food producer on the site of production. The signage shall include, but not be limited to, the name and address of the community food producer.
    • (4) Best management practices as described in CDFA's Small Farm Food Safety Guidelines, but not limited to, safe production, processing, and handling of both nonpotentially hazardous and potentially hazardous foods.
    • (5) Egg production shall be limited to 15 dozen eggs per month. 
  • Permits a local city or county health enforcement office may require a community food producer or gleaner to register with the city or county and to provide specified information, including, but not limited to, their name, address, and telephone number
While these new stipulations have the potential to increase growers' costs, they also have the potential to foster more favorable market conditions for smaller farms engaged in direct marketing. Many of the regulations and recommendations, which can be found here,  are simply good farming and good business practice. 
If you have any questions or concerns about these new regulations, please email Shermain Hardesty, Leader of the UC Small Farm Program, shermain@primal.ucdavis.edu.