Worcester County officials say they will work with the local health department to address concerns from mobile food vendors regarding equipment certification.
Vendors are pictured at a past Great Frederick Fair.
File photo
By Bethany Hooper, Associate Editor
County officials say they will work with the local health department to address concerns from mobile food vendors regarding equipment certification.
Worcester County Health Officer Becky Jones came before the Worcester County Commissioners on Aug. 20 to discuss the health department’s regulations on mobile food vendors, specifically its regulations on mobile equipment. While officials reportedly receiving several complaints from mobile vendors regarding their inability to participate in county events, they said they were willing to work with them to find a resolution.
“Our focus has and continues to be finding workable solutions without compromising or jeopardizing the health and safety of our community,” Jones said.
Worcester County Chief Administrative Officer Weston Young told the commissioners last week the county had received several complaints from food vendors who wanted to participate in this year’s Great Pocomoke and Worcester County fairs, but could not do so because they struggled to secure the necessary county approvals. While the state code requires National Sanitation Foundation (NSF) – or equivalent – certification on equipment, the vendors say they can continue to operate in other surrounding counties.
“While each vendor’s situation is unique, a common theme amongst all of them was the ability and ease to operate in all four counties that surround us, but not in Worcester,” he said.
In his memo to the commissioners, Young noted that state code grants local health departments the ability to allow food equipment without an NSF certification, so long as it is not harmful to public health and is consistent with industry standards. He said it was likely the code section neighboring counties used to allow such equipment.
Somerset County food operator John Applegate said as much in his presentation to the commissioners last week. He said that while he was allowed to operate his mobile smoker in neighboring counties – including Somerset, Wicomico and Dorchester – he could not do so without a NSF certification in Worcester. Applegate added that he had reached out to three certification agencies, including NSF, only to learn they cannot certify mobile smokers. Even if they could, he said it would cost several thousand dollars.
“I can go to every county, I just can’t go to Worcester County because I don’t have NSF approval,” he explained. “And I can’t get it NSF approved, because I have a pull-behind smoker.”
Acknowledging the issue with mobile smokers, Jones suggested three possible solutions – a reciprocity agreement with other health departments, a dedicated certification day in which industry experts could be available to evaluate equipment, or having environmental health staff trained to certify equipment themselves.
“As we explore these or any other options, I would ask that we keep in mind the 15 operators who utilize smokers and are currently licensed in our county and the other additional five vendors who participate in temporary events. These 20 entities have adhered to and are compliant with COMAR as it relates to their smoker equipment,” she said. “Please remember that certification of equipment is just part of the overall approval process. The proposed applicant would also have to comply with other parts of the code to include regulations regarding safe food storage, transport and preparation, as well as assuring potable water cleaning, sewage disposal and, of course, hand hygiene.”
Environmental Health Food Programs Supervisor Ryan Hayward clarified that of the 15 licensed, year-round operators, none utilized mobile smokers. He added that five temporary vendors did.
“The five [vendors] tow them around on trailers but they are NSF or equivalent [certified],” he said.
Several commissioners questioned the fees associated with NSF certifications and event permits, as well as the regulations that are applied to mobile vendors but not other food-service operators. Jones said the health department was willing to work with the community and had done so in previous years when concerns were raised regarding permit fees. She added that the health department hasn’t denied applicants wishing to operate mobile smokers, but that conversations did not continue once they learned of the requirements.
“Quite often it is, I don’t get the answer that I want, then I end the conversation. It’s not, come in, let’s talk this through or even stay on the phone with us and have a little bit more in depth conversation …,” she told the commissioners. “I think it just has to be a greater meaningful conversation, to say, OK, partner with us so that we can support you, whoever your entity is and, and getting to that endpoint, again, as long as we are not sacrificing the health and safety of our community because that’s what we’re charged to do.”
Young also highlighted the limited number of food trucks licensed in Worcester County. He said it continued to be a struggle to secure vendors for county events and tournaments. He also referenced an instance in which a local food vendor was denied a temporary license for a baseball tournament last fall, as they had already participated in a similar event months prior. He said the health department had a policy regarding recurring events.
“The reason I put this out there is we’re leaning towards having tournaments and events almost every weekend,” he said.
Acknowledging the issues at hand, Commissioner Chip Bertino suggested they hold another work session with the health department in the coming weeks. Many of the commissioners said they wanted to see changes that made it easier for vendors to do business in Worcester County.
“To be clear, the county commissioners don’t have oversight as to what the health department can and can’t approve, nor do we have say over their procedures to approve or not approve, certify or not certify, an establishment or a piece of equipment,” Bertino said. “I think we need to understand that. But I think we have also received from the health officer that there is very much a willingness to work with what we’re trying to accomplish, for being able to move forward and see if there are opportunities with reciprocity or other options that were presented to make Worcester County more viable and more competitive than our neighbors.”