Environmental Health Division FAQs about Windmill Farms Link to CCHS website page
*Windmill Farms Responses to questions in blue* CCHS in black
Contra Costa Health Services has received some calls from the public asking for clarification about the situation at Windmill Farms in San Ramon. The following are some questions and answers.
What is the situation at Windmill Farms that has caused CCHS' Environmental Health Division to take enforcement actions?
When the county first issued a health permit in 1974 for Windmill Farms, the business was a produce stand and did not require a fully enclosed structure to sell whole, uncut produce and shell eggs. Over the years, Windmill Farms added portioned (cut) produce and bulk foods, and many other pre-packaged food items for sale. As a result, they no longer meet the requirements for a produce stand.
Windmill Farms can either return to the sale of whole, uncut produce and shell eggs or comply with the California Retail Food Code that requires owners to build a fully enclosed structure from plans approved by CCHS' Environmental Health Division.
Response: Windmill Farms has sold cut produce and bulk foods since we opened in 1974. We have not added these items "over the year". We are currently licensed though the CCHS as a retail market not as a "produce stand".
Why is it necessary for Windmill Farms to have a fully enclosed structure?
To protect the health and safety of the public, businesses are required to have four walls and a roof if the business portions or packages cut produce and bulk food items, and displays potentially hazardous food for sale (food that can cause food borne illness if contaminated or spoiled). When food is portioned and packaged, there are more opportunities for contamination, and a fully enclosed structure helps protect the food from the outside environment and makes it easier to regulate the temperature. The fully enclosed structure must be approved by the Environmental Health Division.
Only pre-packaged, non-potentially hazardous food or uncut produce may be displayed or sold outdoors, with overhead and other food protection approved by Environmental Health Division. And during all non-business hours, that food has to be moved from the outdoor display back to a fully enclosed, approved food facility.
Response: This is incorrect. Windmill Farms is not required to have four walls and a roof according to the "California Retail Food Code". In the code there is a "grandfather clause" which states, "FOOD FACILITIES that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant MENU CHANGE or its method of operation. (California Retail Food Code 114266 section A).
Windmill Farms has always been concerned for public safety. We have two Certified Food Handlers when only one is required. All of our portioned (cut) produce is prepared in a fully enclosed room located on premises that was built in March of 2000 at a request by CCHS Director. All cut produce is then displayed on ice or in refrigeration to maintain proper temperatures.
When was Windmill Farms told it needed to comply?
Since February 1997, the Environmental Health Division has been working to address food safety issues at Windmill Farms, and most recently, the Environmental Health Division held an Administrative Hearing on July 17, 2007 that re-affirmed Windmill Farms must improve food protection by providing a fully enclosed, approved structure.
Response: Windmill Farms was given the order to enclose by August 2008. Windmill Farms was also ordered to remove and stop the sell of cut produce and all bulk foods by Sept 1, 2007.
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Still pending Appeals hearing that has been postponed till October 2 that will be held at the Environmental Health Services Office in Concord 2120 Diamond Blvd. Suite 200. More information to be posted when it comes in.
How are these Retail Food Code standards being applied?
The Environmental Health Division inspects all retail food markets in Contra Costa County using the California Retail Food Code.
Response: Windmill Farms believes that the California Retail Food Codes are not being used fairly. The CCHS are ignoring the "grandfather clause", which states any open air retail business that was in operation prior to January 1, 1985 does not have to meet the current enclosure requirements. (code 114145 section A).
If Windmill Farms must change its operations, why are farmers' markets allowed to operate without four walls and a ceiling?
Certified Farmers' Markets are permitted to operate under separate provisions of State Law. They have been established to allow farmers to sell whole, uncut produce or shell eggs directly to the public. The County Agricultural Commissioner must certify all produce. Farmer's Markets are allowed to operate only for limited periods, (for example, for four hours on one day per week in Contra Costa County), at temporary sites. These conditions do not apply at Windmill Farms.
Response: "Certified Farmers' Markets" are allowed to cut and give samples without hot and cold running water. They are also allowed to sell meat, fish, bakery products, and other goods. Some "Farmers' Market" are even allowed to set up their sales area on bare ground.
Will Environmental Health force Windmill Farms to close?
The county's Environmental Health Division wants Windmill Farms to protect the health and safety of their customers from food borne illnesses by complying with State standards for food protection. The goal is compliance, not closure.
Response: If the CCHS hold to their ruling of fully enclose it will force Windmill Farms to close. We financially can not build an enclosed structure. Also the removal of the cut produce and all bulk food items will have a severe financial impact that could force Windmill Farms to close as well.
©Windmill Farms Produce
