Most days have a wrinkle or two in them and most of the time they can be ironed out rather quickly. I think most of us deal with that a few times a day and a few soothing words or actions later the winkle is all but forgotten.
Myself and another local gal had organized a food swap for tomorrow night. We were excited, there was press coverage, folks were joining our facebook page and it seemed like we were going to get a rocking turn out for the first event.
Then yesterday I got an email from the health department:
It was recently brought to our attention that you are organizing a “food swap” at the Great Northern Brewery. I must inform you that providing food to the public, with or without charge, is an activity that requires licensure. Providing food to the public without approval is a violation Montana Rules. In addition, the event is being held in a licensed food service establishment. Since much of the food described to be provided at the “food swap” is not from an approved source, it should not be distributed at the location of a licensed food purveyor.
And just like that a wrinkle can’t be smoothed so easily. I’m frustrated and irritated about the whole thing. It seems too late now to find another location though I will try but I’m also worried that they’ll shut us down anyway for not having ‘approval.’ Anyone out there have any words of advice?
{ 14 comments… read them below or add one }
You have to be kidding! I’m a little behind on the project… how exactly does it work? It just sounds nuts. This is something that needs to be corrected.
You are not alone. I hear this again and again. Your circumstance is all over the web. We apparently have companies like Monsanto and Du Pont to thank, big agro-business wanting to protect their product and government subsidies. It is also government’s future ability to collect taxes when no money is exchanged.
The most shocking story I read was of a young boy raising rabbits and selling meat as a home school experiment in entrepreneurism. He made 4 thousand dollars before deducting expenses. The government (Virginia I think but it has been a few months) charged him $10,000 in fines. Remember when children raised a beef animal for 4-H and as part of the project sold it at auction after the fair? That is now illegal in many states. In California small farmers are raided for selling raw milk (which is not illegal). You would think they were selling drugs from the sting operation set up by the government. Surveillance, “buys”, the raid, but they were only selling milk untouched by government control. It shut down a health food co-op, put two women (one was a goat farmer, one was a HFS president, both were over 58 years old) in jail for at least a few days.
In Nevada a couple was raided while celebrating their harvest with a community dinner. They hoped to show-case local farmers and their amazing products. Miles away in Los Vegas some agency found out about this and sent someone to shut down the dinner. Under threat of jail and huge fines they were forced to put all food prepared for the meal into bio bags to be destroyed by Nevada. They were not even allowed to put it into their compost because it had not been proven un hazardous. The agent continued to harass the farm couple, demanding to see what foods were stored in the house. On the refrigerator there was a phone # for a legal group set up for small farmers that the couple supported but never used. They called while the agent protested about the delay (one guest was a lawyer who insisted the couple had a right to counsel). After calling the 24 hour hot-line, they were told to request to see the agents search warrant. She did not have one. They were further advised to politely ask her to leave. The agent was not so quiet, spewing threats and assuring the couple she was going directly to the police (small town, the couple knew the sheriff). Long story rescued from being longer, the agent did not have any right to do what she did, the dinner turned into a cook off. But it aint over yet.
I’m fairly shocked that this is happening in Montana, but you do have that outlaw of a Senator.
All of elected official are horrible in Montana… sadly no one of worth ever runs either.
That stinks!
Try Marisa at Food in Jars or Kate at Hip Girls Guide to Homemaking — I believe they have both done successful food swaps.
Oh no! I don’t know if that’s correct. We have a great food swapping group here that’s going strong. Maybe the issue is having it open to the public? Our organization, with three groups that swap by area, require preregistration and tickets for each event.
-the redhead-
My latest response from the health department requires that all food even food given away (no money exchanging hands) requires a license. In the future, I’ll just swap with friends quietly and privately like most people have done for millenia.
Geez, I wonder if any of those “officials” have ever received a meal from a friend or church member when they were sick/out of work/broke. Maybe someone should press charges against them.
So sorry, Katie, that this happened… but if I know you, you’ll do the research and get to the bottom of it and soon, you’ll be swappin’ away!
Here’s the link for the watch group that may be able to assist you, along with the story of the Quail Hollow raid in Nevada. Hope it helps. http://www.farmtoconsumer.org/quail-hollow-farm-dinner.htm
Thanks for the link. I’m irritated and sad and mostly will just be writing letters to change the law if possible. In the future, I’ll stick to small private swaps with friends.
Unfortnuatly Kathie, you don’t have a leg to stand on here. Your intent was admirable, but the execution was not. The disconnect is that the sustainable foods community cannot use the grass roots movement as a justification to circumvent codified food safety and sanitation laws. If the laws need to be modified, then they certainly should, but anyone offering food in a public forum (The Great Northern Brewery) need to follow the laws. Assertions of Ignorance and or dismissal of the law can’t work.
Same comment applies to the Nevada incident referenced by a different poster. That ‘host’ was totally in the wrong. The inspector certainly did not handle the situation correctly, and likley overstepped in a couple minor areas, but the fact remains the hosts were outside the law and ordinances for serving safe food.
I’m sure my comments have gotten a couple people’s hackles up, but let me pose this question to you: What would happen and who would ‘own’ the responsibility of illnesses caused by unsafe food if food safety laws were discarded because the intent was good? Food borne illness kills.
I take full responsibility for the food I swap, it is not the government’s responsibility to do so. I also drink raw milk. I currently swap food all the time just not so publically. I’m fine with that and other swap across the country do the same thing making folks sign waivers. The same government that refuses to label GMO foods which I believe to be unsafe can not be the same government that wants to enforce codes of food safety on me. Most countries in the world don’t refrigerate eggs and yet we mandate it. Like anything regulation can be done in overkill and it is my belief that this is one such a stance. A group of friends who want to swap food should be able too – it’s my stance that they certainly don’t regulate every pot luck or bake sale in the county and yet they happen constantly… I know several churches that do it every week – all of that food is given away for free and done in home kitchens… Its a matter of picking & choosing their battles for some reason this one they chose to pick.
Is it difficult to get the license? Maybe it would be something simple to do and allow you to pursue public events in the future. It might not be worth it, but then again it might if it allows you to reach more people.
Hi… I saw something about this on facebook and wanted to chime in. I worked as a line cook for many years, and then transitioned into organic farming and selling my own jams and vegetables at the farmers markets around town (fully licensed and permitted). I feel like I can really see both sides on this one. I really think the only issue was that the swap was scheduled at a restaurant. In my mind, a restaurant is somewhere that I expect all of the workers to be educated in food safety. The kitchen should be pristine. The fridges and steam tables should all be the right temperature, and the health department people make sure that they are so that we don’t get sick from eating at … well, weird sketchy places where people don’t know what they’re doing. I think of the farmers market/homesteading/preservationist movement as something different all together. I support the raw milk folks. I’m willing to take a gamble that what I’m eating is probably fine but if it’s not, I’m not going to freak out and sue anyone because I was taking an educated risk. The best example I can cite is a gal I know who had made home canned pumpkin butter and given it to lots of friends BEFORE she realized that pumpkin butter is never safe for canning. That stuff doesn’t belong in a restaurant. Now, I don’t think anyone got sick, but it does kind of go to show that even if you think you know what you’re doing, you might not (how do you know what you don’t know… ha, it makes my brain hurt to try and answer that one).
I think one solution could be if the Health Department were more like the Ag Extension Office (it may vary from town to town though). The people at our ag office are smiling and helpful. The encourage young beginners to learn and help them complete the proper paperwork and guide them through the process of becoming certified farmers. The health department tends to seem like the food police, eager to get people in trouble and shut everything down. I hope in the future they could offer more education and help guide people through the learning process with a smile.
Good luck.
P.S. (Maybe you could try a church or a community center for a location next time? I really do think the restaurant was the only reason that you popped up on the health department radar).
What about a Grange Hall – they are always having some kind of food event.