Farmers Markets and Mobile Vending. Farmers Markets and Mobile Vending. Regulation of Farmers Markets and Mobile Vending. Law 101

Transcription

1 Farmers Markets and Mbile Vending Farmers Markets and Mbile Vending Amy S. Ackerman & Stephanie A. Stevens February 23, 2010 Law 101 Regulatin f Farmers Markets and Mbile Vending State Retail Fd Law Lcal Regulatins Land Use and Zning Regulatins Plice pwer measures State Law State Law begins with the Mdel Fd Cde

2 FDA Mdel Fd Cde FDA Mdel Fd Cde Intent The purpse f this Cde is t safeguard public health and prvide t cnsumers fd that is safe, unadulterated, and hnestly presented. Scpe This Cde establishes definitins; sets standards fr management and persnnel, fd peratins, and equipment and facilities; and prvides fr fd establishment plan review, permit issuance, inspectin, emplyee restrictin, and permit suspensin. Fd Establishment. (1) "Fd establishment" means an peratin that: (a) stres, prepares, packages, serves, vends fd directly t the cnsumer, r therwise prvides fd fr human cnsumptin such as a restaurant; satellite r catered feeding lcatin; catering peratin if the peratin prvides fd directly t a cnsumer r t a cnveyance used t transprt peple; market; vending lcatin; cnveyance used t transprt peple; institutin; r fd bank; and (b) relinquishes pssessin f fd t a cnsumer directly, r indirectly thrugh a delivery service such as hme delivery f grcery rders r restaurant takeut rders, r delivery service that is prvided by cmmn carriers. (2) "Fd establishment" includes: (a) An element f the peratin such as a transprtatin vehicle r a central preparatin facility that supplies a vending lcatin r satellite feeding lcatin unless the vending r feeding lcatin is permitted by the regulatry authrity; and (b) An peratin that is cnducted in a mbile, statinary, temprary, r permanent facility r lcatin; where cnsumptin is n r ff the premises; and regardless f whether there is a charge fr the fd. Each state adpts wn versin f mdel cde Fd Cde Implementatin State law sets definitins, standards Implementatin and enfrcement ften at lcal/district level Lcal/district ffice issues permits t perate, inspectins, enfrcement Lcal Regulatin Land Use Regulatin

3 Cmprehensive Plans Cmprehensive Plans Lng-term plicy guide fr physical and ecnmic develpment f jurisdictin Cver year perid Typically address: Future land use Traffic/transprtatin Husing Parks, recreatin and pen space areas, and Public facilities Zning Ordinances Zning Set frth the regulatins t implement the plicies in the cmprehensive plan Determines what can and cannt be built and what activities can and cannt take place n the parcels f land thrughut a cmmunity. Mst cities have usebased cdes City is divided int districts Different uses permitted in different districts Why lcal regulatin? Set fficial plicy t increase access t prduce Remve barriers t create and preserve farmers markets and healthy vending Allw cmmunities t define healthy vending Allw cmmunities t prvide incentives t increase healthy fd access

4 Vending Acrss America Ls Angeles New Yrk City Green Carts Park District Plicies 1,000 green cart permits Only unprcessed whle prduce In designated underserved cmmunities Accmpanied by public educatin campaign, technical & financial assistance t vendrs Kansas City, MO Vendr Plicy Nutritin guidelines Incentives fr vendrs deemed healthier and healthiest Park permit discunt Ability t vend in multiple parks under ne permit Oakland fruters Lcal regulatin

5 NPLAN s Healthy Fd Access Tls Farmers Markets A wrd abut state law Time fr the cute dg pictures

6 Cmprehensive Plan Language Lng-term plicy guide fr physical and ecnmic develpment f jurisdictin Farmers Market Zning Ordinance Laws that determine: what can and cannt be built and what activities can and cannt take place n the parcels f land thrughut a cmmunity. Define Farmers Market

7 Define Lcatin Define Operating Standards Increase lw-incme residents access Prduce Carts

8 A wrd abut state law Agaaaiiin? FDA Mdel Fd Cde (3) "Fd establishment" des nt include: (a) An establishment that ffers nly prepackaged fds that are nt ptentially hazardus (time/temperature cntrl fr safety) fds; (b) A prduce stand that nly ffers whle, uncut fresh fruits and vegetables; (c) A fd prcessing plant; including thse that are lcated n the premises f a fd establishment (d) A kitchen in a private hme if nly fd that is nt ptentially hazardus (time/temperature cntrl fr safety) fd, is prepared fr sale r service at a functin such as a religius r charitable rganizatin's bake sale if allwed by law and if the cnsumer is infrmed by a clearly visible placard at the sales r service lcatin that the fd is prepared in a kitchen that is nt subject t regulatin and inspectin by the regulatry authrity; (e) An area where fd that is prepared as specified in Subparagraph (3)(d) f this definitin is sld r ffered fr human cnsumptin; (f) A kitchen in a private hme, such as a small family day-care prvider; r a bed-and-breakfast peratin that prepares and ffers fd t guests if the hme is wner ccupied, the number f available guest bedrms des nt exceed 6, breakfast is the nly meal ffered, the number f guests served des nt exceed 18, and the cnsumeris infrmed by statements cntained in published advertisements, mailed brchures, and placards psted at the registratin area that the fd is prepared in a kitchen that is nt regulated and inspected by the regulatry authrity; r (g) A private hme that receives catered r hme-delivered fd. Yur state may be different! NPLAN Mdel Prduce Cart Ordinance Inspired by NYC Green Cart Prgram

9 Defines Prduce Sets up streamlined permit prcess fr sidewalk vendrs selling fresh prduce Defines Lcatin Defines perating prcedures Suggests Incentives Partnerships and Cllabratin Expedited permits Reduced fees fr lcating in underserved neighbrhds N/lw-interest start-up lans Technical assistance frm city/nnprfits/business grups

10 NPLAN s Healthy Fd Access Tls