Tennessee food regulations:
Helping or hurting?
By Sarah Powers
posted Dec. 16, 2011
As the timer beeps, Tina Williams pulls the fresh apple cake out of the oven. This is one of the many items Williams brought to sale at her church’s Lord’s Acre Sale. Since the Tennessee Department of Agriculture implemented the Domestic Kitchen Program in 2007, things have been different for Sinking Springs United Methodist Church in Bristol, Tenn.
“It affected the church because the money that was generated through the baked goods helped pay for our insurance,” said Williams. “That’s what our sale was created for. Our baked goods and canned goods were a big part of what people came for. That’s what our Lord’s Acre Sale was created for, so people could sell their farm items.”
Because of the risk for bacteria in certain foods like meats and canned goods, the Department of Agriculture has decided to stop the selling of these foods. People who intend to sell food are required to take a certification class so they can get their domestic kitchens certified.
“I don’t think there is anything wrong with certifying things and needing to make sure you have certain standards in your kitchen,” said Williams. “But I think the state needs to be realistic about it. Not everyone at our church is going to come and cook in the kitchen at the church. I understand there needs to be regulations to a point but when does it stop? We were told we could still make jellies, jams and apple butter without having a certified kitchen, but nothing else.”
Karen Childress, manager of the Jonesborough Farmer’s Market, admitted to losing of three vendors this year. She also had one person who came back but only sold produce instead of their intended salsa.
“I support regulations that improve food quality; domestic kitchen certification is a good idea,” said Childress. “Our vendors attended the required classes last year. That wasn't the problem. The central issue is the prohibitive cost of new, separate refrigerators and annual licensing fees. North Carolina has a kitchen certification program with identical rules--but no fees. That is what I would like to see in place in Tennessee.”
It costs $150 to get the license every year. This was one of the biggest problems when it came to vendors Childress said.
Karen Rouse, a former vendor at the Jonesborough Farmers Market, says that was one of the reasons she did not return.
“Because the Department of Agriculture had so many regulations and rules, it was too expensive to comply with being certified,” said Rouse.
Rouse worked with Dona Organ selling baked goods. The two came from North Carolina, where the regulations were more relaxed, and once the farmers market decided to push the rules it was too much.
“All you had to do to be certified in North Carolina was have a representative from the Department of Agriculture come to your home,” said Rouse. “They inspected the kitchen and explained the rules, like don’t cook other meals while you’re preparing things for sale. Then they would say we could start and we were certified. That’s all there was to it.”
Unlike in Tennessee, North Carolina does not surprise the vendor at home while they are cooking. This was another aspect of the rules that Rouse said she didn’t like.
"It’s not necessary to do that because we’re just a small business and we just want to make a little bit of money. We’re not like a bakery or restaurant that really needs to make a lot of money."
-Karen Rouse, former market vendor
Rouse said in her opinion Tennessee doesn't make it as hard on restaurants as they do single bakers at the farmers market.
Faith Critzer, an instructor of the certification class from the University of Tennessee, believes these rules are important and the classes show vendors the importance of food safety.
“The regulations went into place January 27, 2007, and around 800 people have actually gone through the domestic kitchen education workshop,” said Critzer. “In that workshop essentially they learn the importance of food safety and food microbiology, which pertains to manufacturing a food product to sell. They learn the basics of what types of bacteria, viruses, mold and parasites can cause people to get ill and are commonly spread in food products. And how to essentially prohibit that from occurring in their food products. So it’s kind of like a one-stop shop where they learn the basics of how to make a safe food product.”
Critzer said even though it’s costly, the course is important. It gives the vendors the opportunity to learn about the food they are selling as well as what may be hazardous to the health of the people buying from them.
These rules say if someone wishes to sell food to the public the food must be considered non-hazardous. Any food listed as potentially hazardous cannot be made in domestic kitchens. These foods are relishes or chow-chow, foods with liquid eggs or partially cooked eggs, canned vegetables or meats, cheesecakes, salsa, pickled vegetables and dairy or meat products.
All of these foods and ways to prevent them from being harmful are discussed in the class. Each student will be certified after they pass the test at the end of the course. Each person in the class is required to pass at least 70 percent of the test to show they know the material. Critzer says this will classify the student as certified and then they are free to apply for domestic kitchen certification. And starting in February anyone wanting to take the class will be able to do so online.
John Sanford, food manufacturing administrator/emergency services coordinator of the Tennessee Department of Agriculture, is proud of how the program has done so far.
“Our retail food law had a provision in it that said food in made in the home could not be offered for retail sale,” said Sanford. “So we looked at that because we kept getting requests from people who wanted to sell baked goods and that sort of thing and we worked with the University of Tennessee Food Science Department. We decided that non-potentially hazardous food produced in the home under the right conditions could be perfectly safe. We worked on it and came up with a very reasonable set of rules, implemented them and it has been a very successful program. We currently have probably a little over 125 kitchens certified and more on the way.”
Although the program is growing, it is still an issue for many out there.
“We made our homemade apple butter, which they’ve said we can still make,” said Williams. “Many of the members of the church canned pickles, green beans, corn, vegetable soup or really just any kind of canned item you would want. When they took that away, they took not only that tradition away but the homemade part of it.”
Like Williams, Childress and Rouse also would like to see the Tennessee Department of Agriculture make its rules more like those of North Carolina. But neither of these women agree with the reasoning for making all of these rules.
“They’re just too strict on everything,” said Rouse. “I’d like for them to give me a list of people who have died or gotten sick from baked goods at a farmers market. I don’t think I’ve heard of anyone having that.”
Contact Sarah Powers at [email protected]
posted Dec. 16, 2011
As the timer beeps, Tina Williams pulls the fresh apple cake out of the oven. This is one of the many items Williams brought to sale at her church’s Lord’s Acre Sale. Since the Tennessee Department of Agriculture implemented the Domestic Kitchen Program in 2007, things have been different for Sinking Springs United Methodist Church in Bristol, Tenn.
“It affected the church because the money that was generated through the baked goods helped pay for our insurance,” said Williams. “That’s what our sale was created for. Our baked goods and canned goods were a big part of what people came for. That’s what our Lord’s Acre Sale was created for, so people could sell their farm items.”
Because of the risk for bacteria in certain foods like meats and canned goods, the Department of Agriculture has decided to stop the selling of these foods. People who intend to sell food are required to take a certification class so they can get their domestic kitchens certified.
“I don’t think there is anything wrong with certifying things and needing to make sure you have certain standards in your kitchen,” said Williams. “But I think the state needs to be realistic about it. Not everyone at our church is going to come and cook in the kitchen at the church. I understand there needs to be regulations to a point but when does it stop? We were told we could still make jellies, jams and apple butter without having a certified kitchen, but nothing else.”
Karen Childress, manager of the Jonesborough Farmer’s Market, admitted to losing of three vendors this year. She also had one person who came back but only sold produce instead of their intended salsa.
“I support regulations that improve food quality; domestic kitchen certification is a good idea,” said Childress. “Our vendors attended the required classes last year. That wasn't the problem. The central issue is the prohibitive cost of new, separate refrigerators and annual licensing fees. North Carolina has a kitchen certification program with identical rules--but no fees. That is what I would like to see in place in Tennessee.”
It costs $150 to get the license every year. This was one of the biggest problems when it came to vendors Childress said.
Karen Rouse, a former vendor at the Jonesborough Farmers Market, says that was one of the reasons she did not return.
“Because the Department of Agriculture had so many regulations and rules, it was too expensive to comply with being certified,” said Rouse.
Rouse worked with Dona Organ selling baked goods. The two came from North Carolina, where the regulations were more relaxed, and once the farmers market decided to push the rules it was too much.
“All you had to do to be certified in North Carolina was have a representative from the Department of Agriculture come to your home,” said Rouse. “They inspected the kitchen and explained the rules, like don’t cook other meals while you’re preparing things for sale. Then they would say we could start and we were certified. That’s all there was to it.”
Unlike in Tennessee, North Carolina does not surprise the vendor at home while they are cooking. This was another aspect of the rules that Rouse said she didn’t like.
"It’s not necessary to do that because we’re just a small business and we just want to make a little bit of money. We’re not like a bakery or restaurant that really needs to make a lot of money."
-Karen Rouse, former market vendor
Rouse said in her opinion Tennessee doesn't make it as hard on restaurants as they do single bakers at the farmers market.
Faith Critzer, an instructor of the certification class from the University of Tennessee, believes these rules are important and the classes show vendors the importance of food safety.
“The regulations went into place January 27, 2007, and around 800 people have actually gone through the domestic kitchen education workshop,” said Critzer. “In that workshop essentially they learn the importance of food safety and food microbiology, which pertains to manufacturing a food product to sell. They learn the basics of what types of bacteria, viruses, mold and parasites can cause people to get ill and are commonly spread in food products. And how to essentially prohibit that from occurring in their food products. So it’s kind of like a one-stop shop where they learn the basics of how to make a safe food product.”
Critzer said even though it’s costly, the course is important. It gives the vendors the opportunity to learn about the food they are selling as well as what may be hazardous to the health of the people buying from them.
These rules say if someone wishes to sell food to the public the food must be considered non-hazardous. Any food listed as potentially hazardous cannot be made in domestic kitchens. These foods are relishes or chow-chow, foods with liquid eggs or partially cooked eggs, canned vegetables or meats, cheesecakes, salsa, pickled vegetables and dairy or meat products.
All of these foods and ways to prevent them from being harmful are discussed in the class. Each student will be certified after they pass the test at the end of the course. Each person in the class is required to pass at least 70 percent of the test to show they know the material. Critzer says this will classify the student as certified and then they are free to apply for domestic kitchen certification. And starting in February anyone wanting to take the class will be able to do so online.
John Sanford, food manufacturing administrator/emergency services coordinator of the Tennessee Department of Agriculture, is proud of how the program has done so far.
“Our retail food law had a provision in it that said food in made in the home could not be offered for retail sale,” said Sanford. “So we looked at that because we kept getting requests from people who wanted to sell baked goods and that sort of thing and we worked with the University of Tennessee Food Science Department. We decided that non-potentially hazardous food produced in the home under the right conditions could be perfectly safe. We worked on it and came up with a very reasonable set of rules, implemented them and it has been a very successful program. We currently have probably a little over 125 kitchens certified and more on the way.”
Although the program is growing, it is still an issue for many out there.
“We made our homemade apple butter, which they’ve said we can still make,” said Williams. “Many of the members of the church canned pickles, green beans, corn, vegetable soup or really just any kind of canned item you would want. When they took that away, they took not only that tradition away but the homemade part of it.”
Like Williams, Childress and Rouse also would like to see the Tennessee Department of Agriculture make its rules more like those of North Carolina. But neither of these women agree with the reasoning for making all of these rules.
“They’re just too strict on everything,” said Rouse. “I’d like for them to give me a list of people who have died or gotten sick from baked goods at a farmers market. I don’t think I’ve heard of anyone having that.”
Contact Sarah Powers at [email protected]