Modoc County Municipal Code Ch. 8.90 Locally Produced Approved Source Food Program

Locally grown fresh fruits, vegetables, and other approved commodities benefit the consumer, the environment, and the community as a whole.

It is in the public interest to provide opportunity for small local agricultural producers to sell produce at local retail establishments.

The county of Modoc wishes to establish a method whereby small local agricultural producers may become an "approved source" for local retail sales as provided in the California Retail Food Code (Health and Safety Code § 113700 et seq.).

This program strives to be consistent with current legislative movements to promote opportunities for the public to purchase locally grown, and locally produced products while simultaneously promoting healthier eating, supporting the local economy, and reducing transportation of agricultural products to the market place.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

A. "Small local agricultural producer" or "producer" means an operator owned entity that has averaged two hundred fifty thousand dollars or less in annual gross sales of agricultural products in the last three years and whose operation resides in Modoc County or within adjacent agricultural geographic boundaries in Big Valley (Lassen County), Tule Lake Basin (Siskiyou County), and Surprise Valley (Washoe County).

B. "Approved source" as defined in the California Retail Food Code (Health and Safety Code § 113700 et seq.).

C. "Registration" means a number issued to a local agricultural producer by Modoc County Environmental Health and the Modoc County Agricultural Commissioner to recognize locally produced agricultural commodities as an approved source.

D. "Operator" means the person or entity responsible for the product produced.

E. "Health officer" means the Modoc County Health Officer or duly authorized representative in Modoc County Environmental Health.

F. "Agricultural commissioner" means the Modoc County Agricultural Commissioner or duly authorized representative.

G. "Hearing panel" means the Modoc County Environmental Health Director, Modoc County Health Officer, and the Modoc County Agricultural Commissioner.

H. "Board" means the Modoc County Board of Supervisors.

I. "Community food producer" as defined in the California Retail Food Code (Health and Safety Code § 113700 et seq.).

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

The health officer and the agricultural commissioner shall jointly establish an application and registration procedure to encourage small local agricultural producers or a community food producer to sell local agriculturally produced commodities at the retail level within Modoc County. Such commodities shall be limited to whole uncut fruits or vegetables, or unrefrigerated shell eggs not to exceed 15 dozen per month.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

Any local small agricultural producer or community food producer selling or providing locally produced agricultural commodities at the retail level in Modoc County shall have a current and valid registration number issued by the health officer and the agricultural commissioner if the producer has and complies with the following:

A. The producer shall designate an operator who will ensure compliance with the program requirements in the application.

B. The operator shall label all products sold with an approved label when sold at the retail level. A retail food facility whose operator produces their own agricultural products to sell at the same facility shall not be required to label products.

C. All commodities offered for sale are subject to approval by the health officer and the agricultural commissioner to ensure compliance with applicable state laws.

D. By 2018, every operator shall have a current and approved food safety certification as defined in the California Retail Food Code.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

The health officer or the agricultural commissioner may suspend or revoke a registration when either determines a significant threat to public health exists or the operator fails to comply with the terms of the registration agreement. An operator subject to registration suspension or revocation is prohibited from selling products through the approved source program.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

An operator subject to registration suspension or revocation shall request an appeal hearing with the hearing panel within 30 days of receipt of notice of suspension or revocation. The hearing panel shall provide a written notice of decision within ten calendar days following the hearing. The notice shall explain the acts or omissions which the permit holder is charged and shall state the terms of registration reissuance or revocation.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

For the enforcement of this chapter and any rule or regulation made pursuant to section 8.90.000 [this chapter], the health officer and the agricultural commissioner may enter at any reasonable time any and all portions of lands within the county.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

The county may charge fees to fund oversight of the locally approved source program. Fees shall be approved by the board of supervisors.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

A. The violation of any section or part of this chapter, or any rules or regulations made pursuant to section 8.90.050 shall be deemed a misdemeanor, and punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed six months.

B. Each and every day a violation exists shall constitute a separate and distinct offense.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)

This chapter shall not be construed as imposing upon the county any liability or responsibility for damage resulting from foodborne illness as herein provided; nor shall the county, or any official or employee thereof, be assuming any such liability or responsibility by reason of issuing the registration authorized thereunder.

(Ord. No. 2016-354, § I(Att. A), 5-10-2016)