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Home My WebLink AboutCLE201800041 Approval - Agencies 2018-09-11COMMONWEALTH of VIRGINIA In Cooperation with the Thomas Jefferson Health District State Department of Health 1138 Rose Hill Drive Phone (434) 972-6219 P. O. Box 7546 Fax (434)972.4310 Charlottesville, Virginia 22906 Jane 21, 2018 Sue Albrecht Roslyn Farm & Vineyard, LLC 80 Roslyn Forest Lane Charlottesville, Virginia 22901 Dear Ms. Albrecht: ALBEMARLE CHARLOTTESVILLE FLUVANNA COUNTY (PAWYRA) GREENE COUNTY(STANAROSVILLE) LOUISA COUNTY(LOUISAl NELSON COUNTY ILOVINGSTONI On February 22 and February 27, 2018, you wrote to the Thomas Jefferson Health District ("TJHD") for confirmation that food service activities on your farm property, Roslyn Farm & Vineyard, LLC, located at 100 Roslyn Heights Road in Charlottesville, Virginia ("Roslyn"), were exempt from the Board of Health's Food Regulations (12VAC5-421, the "Food Regulations") under Va. Code § 35.1-14.C. After careful consideration of the information you provided to the Charlottesville/Albemarle Health District and the applicable provisions of the Code of Virginia, it has been determined that Roslyn, operating in the location and fashion described by you, is not subject to the provisions of the Food Regulations at this time. Authorities Va. Code § 35.1-14.0 states in part, "file provisions of the Food and Drug Administration's Food Code shall not apply to farmers selling their own farm -produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market. unless such provisions are adopted in accordance with the Administrative Process Act (§ 7.14000 et seq. )." Factual Basis In a February 22, 2018. email to Archer Campbell, Environmental Health Technical Consultant with the "f Jl ID, you made the following representations: • Roslyn is a bona Fide agricultural farming operation. • "In order to increase our number of [arm to'I'able Annual Events, we have applied Ibr an Albemarle County Agricultural Operation Sales, Events. or Activities Zoning Clearance A which allows us to hold 24 Farm Events annually and involves approval from your department." In a February 27, 2018, email to Ms. Campbell you stated your position that Roslyn is "exempt from the Health Department Regulations," and referenced, among other things, the Code of Virginia. You also said, "Our menu is driven by seasonally produced products on our farm, thus it will vary. We will provide a menu in advance of each scheduled event." On March 8, 2018, you dated and signed a completed Application for a Department of Health Foodservice Establishment Permit The application included a menu. While the menu listed nine different items that would be served, it did not provide any information about the source of the food. On April 25, 2018, in response to inquiry from Ms. Campbell, you provided the following proposed menu: Grilled Steak Kabobs Farm raised beefs farm raised tomatoes, farm raised peppers and onions Prep Method 2 (grilled) Smoked Pulled Pork BBQ Farm raised pork shoulder and boston butt Prep Method 2 (smoked) Grilled Ribeye with side mixed green salad Farm raised beef Prep Method 2 (grilled) Smoked Whole Bird Farm raised whole chicken or duck Prep Method 2 (smoked) Grilled Carrots Farm raised carrots Prep Method 2 (grilled) Grilled Potatoes Farm raised potatoes Prep Method 2 (grilled) Mixed Green Salad Farm raised mixed greens, fern raised tomatoes, farm raised onions, farm raised cucumbers, radishes, and beets Conclusions Because the Board of I lealth adopted [tic food Regulations using the APA-exempt process described at Va. Code § 35.1-14, the Food Regulations do not apply to "I'armers selling their own farm -produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market;' as provided for in Va. Code § 35.1-14.C. Roslyn proposes to serve its own farm -produced products on its own limn location directly to consumers for their personal use. This contemplated action falls within the language of Va. Code § 35.1-14.C. which is quoted above. Therefore, based on the information provided and the reasons described herein. Roslyn is not subject to the provisi ns of the Food Regulations gt this ,-.dme_This is based upon the representations made by Roslyn to date and is contingent upon Roslyn serving only its own farm -produced products on its own farm location directly to consumers for their personal use. If Roslyn operates contrary to this understanding, then a different determination may be made in the future. If you wish to challenge this determination, your written request for a hearing must be received in the office of the State Health Commissioner no later than 30 days from your receipt of this letter. You may address your request to Julie Henderson, Director, Division of Food and General Environmental Services, 109 Governor Street, Fifth Floor, Richmond, 23219. Sincerely, Denise Bonds, PH Director Thomas Jefferson Health District Cc: Allen Knapp, Director, VDH Office of Environmental Health Services Jack D. McClelland, EH Manager, TJHD Eric Myers, EH Supervisor, TJHD Archer Campbell, EH Technical Consultant, TJHD Code of Virginia Title 35.1. Hotels, Restaurants, Summer Camps, and Campgrounds Chapter 2. Regulations § 35.1-14. Regulations governing restaurants; advisory standards for exempt entities A. Regulations of the Board governing restaurants shall include but not be limited to the following subjects: (i) a procedure for obtaining a license; (ii) the safe and sanitary maintenance, storage, operation, and use of equipment; (iii) the sanitary maintenance and use of a restaurant's physical plant; (iv) the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; (v) procedures for vector and pest control; (vi) requirements for toilet and cleansing facilities for employees and customers; (vii) requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; (viii) requirements for an approved water supply and sewage disposal system; (ix) personal hygiene standards for employees, particularly those engaged in food handling; (x) the appropriate use of precautions to prevent the transmission of communicable diseases; and (xi) training standards that address food safety and food allergy awareness and safety. B. In its regulations, the Board may classify restaurants by type and specify different requirements for each classification. C. The Board may adopt any edition of the Food and Drug Administration's Food Code, or supplement thereto, or any portion thereof, as regulations, with any amendments as it deems appropriate. In addition, the Board may repeal or amend any regulation adopted pursuant to this subsection. No regulations adopted or amended by the Board pursuant to this subsection, however, shall establish requirements for any license, permit or inspection unless such license, permit or inspection is otherwise provided for in this title. The provisions of the Food and Drug Administr ' ood Code shall not apply to farmers sellin the -ar directiv to co uc-occur on such farmer's farm or at a farmers' market, unless such provisions are adopted in accordance with the Administrative D. The Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by entities exempt from the provisions of this title pursuant to § 35.1-25 or 35.1-26. E. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to the adoption of any regulation pursuant to subsection C if the Board of Agriculture and Consumer Services adopts the same edition of the Food Code, or the same portions thereof, pursuant to subsection B of § 3.2-5121 and the regulations adopted by the Board and the Board of Agriculture and Consumer Services have the same effective date. In the event that the Board of Agriculture and Consumer Services adopts regulations pursuant to § 2.2-4012.1, the effective date of the Board's regulations may be any date on or after the effective date of the regulations adopted by the Board of Agriculture and Consumer Services. Notwithstanding any exemption to the contrary, a regulation promulgated pursuant to subsection C shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, and 2.2- 4007.05, and shall be published in the Virginia Register of Regulations. After the close of the 60- 2n u20l s