|
Assuring Safe Products Introduction “The [food process] laws may limit what you can sell and to who, they may set minimum guidelines for the steps you must take to prepare and sell certain foods, and they may require you to obtain licenses and have your facilities inspected by state or local officials. Complying with these laws and regulations – most of which are based on the desire to protect the health and safety of our food supply – will be essential to the future of your operation.” (Hamilton, p. 159.) Product liability is a term that addresses claims of customers who have been injured by a product and a determination of responsibility for those damages on the part of all persons or entities in the chain of custody of the product. Foreign Objects in Food Products The definition of foreign objects hinges on the “consumer expectations test”: “What objects might a consumer reasonable expect to find in the food?” Marketers of food products that are processed or sold as “ready to eat” have a higher responsibility in eliminating foreign objects that may cause harm. A consumer would more likely expect to find a “worm” in a fresh ear of corn still in the husk than in a bag of cut salad greens labeled as ready to eat. Regulations and Processed Foods Processing foods is often a way to increase the value to food items such as jams from damaged fruit, cheese, and baked goods. Direct marketers involved in selling processed products fall under local, state, and federal laws which regulate the foods industry. Minimally altering food items such as cutting lettuce and mixing it in bags for ready-to-eat salads or juicing apples may be considered processing and subject of food safety laws and regulations. The sale of meats, poultry, eggs, and dairy products are all subject to extensive laws and regulations controlling site requirements, processing procedures, warehousing issues and where these products can be sold. Farmers that direct market processed products must be familiar with regulations affecting their operation. These regulations specify guidelines for processing practices and requirements for facilities as well provision for regular inspections. Compliance with these regulations assures that proper food safety techniques are in place and reduce the likelihood of products becoming contaminated. If a claim regarding harm should arise, evidence that these regulations have been followed liability is less likely. Violation of these regulations may result in strict negligence in which the marketer will most likely be liable.
***** ***** The guide for the State of Washington is The Handbook of Regulations for Direct Farm Marketing or commonly known as “The Green Book.” The 2005 edition is available from the Small Farm & Direct Marketing Program, Washington State Department of Agriculture. The handbook can be found on the web at: http://agr.wa.gov/Marketing/SmallFarm/greenbook.htm The Handbook includes information on doing business in Washington State, direct marketing strategies, selling specific products such as eggs, milk or poultry, labeling and a list of local health departments.This handbook should be on the shelf of every direct farm marketer and the producer should be familiar with the regulations that affect his or her operation. Questions can be directed to staff at the Small Farm & Direct Marketing Program when ambiguity arises and Program staff can provide guidance on working with local health department officials. Although local health department officials and WSDA Food Safety officials work for agencies that enforce regulations that may seem onerous to the producer they can just as easily become your allies in solving problems and helping to meet local and state regulations. Building constructive working relationships with these individuals and getting to know them will help direct marketers meet food safety requirements as easily as can be expected. Food-borne Illness There are very few court cases on food-borne illness resulting from sales at typical direct farming marketing operations. However, there are legitimate concerns regarding lawsuits when it comes to marketing food products. There is no way to guarantee everything the direct farm marketer grows is free from harmful microbial contamination. The risk can be reduced if preventative steps are taken before products leave the farm. Direct farm marketers can minimize this risk by knowing the sources of contamination and by adopting practices to minimize pathogen contamination during production, and harvest or processing of fresh products, poultry and animal products. Clean soil, clean water, clean hands and clean surfaces are all important in achieving this goal. The goal of the Good Agricultural Practices (GAPs) program at Cornell University is to reduce the microbial risks to fresh fruit and vegetable products through educational programs. Their publication “Reduce Microbial Contamination with Good Agricultural Practices” is included in this manual. Additional information can be found at their website: http://www.gaps.cornell.edu There are additional ways the producers can protect themselves from such claims. The farm can educate customers about the potential for contamination such as salmonella contamination in eggs. Producers can buy labels to put on product packaging that provide information on proper storage, handling, and cooking requirements. Generally, liability is more likely for process or cooked food products ant for those sold raw, because, for example, a consumer should know how to cook meat and poultry products to the required temperature to kill potential pathogens. Complying with local, state, and federal regulations may help to cushion the farmer from liability. Limiting Liability
Listed below are some good agricultural practices with regard to clean water.
|
Supporting Resources: ***** ***** ***** ***** |
