Retail food inspector over-reaching into manufacturing

Hello,

We are in the cheese business and manufacture, distribute and operate a small retail store all in one building. On the main floor, the retail shop is about 15% of the square footage; manufacturing is 50% and distribution is the other 35%.

Our retail food establishment inspector with the state of PA frequently attempts to expand their purview to include food manufacturing activities and all related documentation. They know Title 7 Chapter 46 and want to apply it to anything and everything. We have no issue with the FDA and our FSMA plan.

Any suggestions on how we might pushback on this over-reach and make clear the boundaries of their domain? Be it signage, documentation, or messaging in conversation, we are looking for non-confrontational strategies to maintain the relationship.

Thanks in advance for the help.

Most of them were trained by someone at your state Land Grant University. Find the food safety person at the university (usually food science department) and ask them about the law. Or ask your federal inspector about jurisdiction. Get all of these responses in writing. Most wouldn't fight you on this.

I'm wondering if this section is the reason for the over-reach????

 (a)  When plans are required. A retail food facility licensing applicant or retail food facility operator shall have plans and specifications reviewed by the Department or licensor and shall submit these properly prepared plans and specifications (as described in subsection (b)) to the Department or licensor for review and approval using the procedure described in §  46.1142 (relating to application procedure for appropriate license) before any of the following:

   (1)  The construction of a retail food facility.

   (2)  The conversion of an existing structure for use as a retail food facility.

   (3)  The remodeling of a retail food facility (including installation and use of any new major food equipment for heating, cooling, and hot and cold holding food) or a change of type of retail food facility or food operation if the Department or licensor determines that plans and specifications are necessary to ensure compliance with this chapter.

   (4)  A change of ownership of a retail food facility.

 (b)  Contents of the plans and specifications. The plans and specifications for a retail food facility shall include (as required by the Department or licensor based on the type of operation, type of food preparation and foods prepared) the following information to demonstrate conformance with this chapter:

   (1)  Intended menu and consumer advisory intentions, if a consumer advisory is required under Subpart 3-603 of the Model Food Code, regarding consumer advisory, for animal foods that are raw, undercooked or not otherwise processed to eliminate pathogens.

   (2)  Anticipated volume of food to be stored, prepared and sold or served.

   (3)  Proposed layout, mechanical schematics, construction materials and finish schedules.

   (4)  Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities and installation specifications.

   (5)  Source of water supply, means of sewage disposal and refuse disposal.

   (6)  An HACCP plan, if required under §  46.1122 (relating to HACCP plans).

   (7)  Other information that may be required by the Department or licensor for the proper review of the proposed construction, conversion or modification of a retail food facility, and requested by the Department or licensor in writing.

I really appreciate the responses. Thanks.

I am thinking we need to generate more documentation pertaining to the retail establishment operation to satisfy their desires. Not trying to engage in theatre, but I think it will help them feel better while we push back on their jurisdiction.

We were recently inspected by the PA Dept of Ag.  They look at the Food safety plan, the FSVP everything in the manufacturing of the products (we only make ingredients).  They told me last year they were being trained to do to cursory inspections for the FDA and that their reports go back to the FDA, and In fact the new software they were using (a little delay in them finishing their audit because of it) was from the FDA.

Hello,

 

We are in the cheese business and manufacture, distribute and operate a small retail store all in one building. On the main floor, the retail shop is about 15% of the square footage; manufacturing is 50% and distribution is the other 35%.

 

Our retail food establishment inspector with the state of PA frequently attempts to expand their purview to include food manufacturing activities and all related documentation. They know Title 7 Chapter 46 and want to apply it to anything and everything. We have no issue with the FDA and our FSMA plan.

 

Any suggestions on how we might pushback on this over-reach and make clear the boundaries of their domain? Be it signage, documentation, or messaging in conversation, we are looking for non-confrontational strategies to maintain the relationship.

 

Thanks in advance for the help.

Is there a physical separation between the retail and other portions of the facility?  If doors, are they secured?  Any signage clearly stating access is restricted to Manufacturing Co. personnel only (proper nouns to distinguish the retail and other business)?

As far as poking around in paperwork, do you have separate sanitation or HACCP plans for the retail and manufacturing operations?  Are they kept in separate locations, whether that be a file cabinet or electronic directory?