Special by Mirror Health and Food Editor Karen Gay
How many of you think the title of this article is inflammatory? I certainly do! The problem is that I reached out to Delegate Bloxom twice over the course of 5 days and received no reply to my question about why he voted as he did. Had he called back, perhaps I could have entitled the article “Delegate Bloxom Votes for Food Safety” or more realistically “Delegate Bloxom Chooses Safety Over Entrepreneurship in Cottage Food Debate,” if, in fact, safety was his concern. I am hoping that the title of this article gains his attention and that perhaps he will respond in comments as to his position. I also welcome comments from all sides as each of you has a right to your opinion. The nice thing about civil public debate is that sometimes positions are swayed, and we all get a chance to understand the mind of others.
Virginia’s senators and delegates are holed up in Richmond deciding on new bills. I’ve been to several lobbying and committee sessions in past years hoping that our representatives would give the little guy a break. However, incremental changes are occurring at a snail’s pace.
As many of you know, I am a chapter leader for Weston A. Price Foundation. We believe in eating the whole foods that kept our ancestors healthy. We avoid additives and processed food because we can see their impact on people today. However, we do encourage small food producers who cook out of their own homes because this food is often more healthful than what we buy at the Food Lion. We are also aware that there are many people who live life on the edge of financial ruin. If these people could make their traditional foods in their own homes and sell them to their neighbors this could make a huge difference for them and their children.
It is with these thoughts in mind that the Virginia Independent Consumers and Farmers Association (VICFA) has been lobbying our senators and delegates each year to open windows of opportunity for our neighbors. This year they put forward House Bill (HB) 1785. This bill would
- Increase the sales limit on pickles from $3000 to $4000 per year
- Allow baked goods such as homemade quiche, macaroni cheese pie, pumpkin pies, chicken pot pies, and other poultry products to be available for sale
- Allow homemade yogurt to be sold to the end consumer.
Currently, people may make foods in their own homes that do not require time and temperature control (TCS). Safety issues may arise when food is not cooked to the recommended minimum internal temperature, not held at the proper temperature, and/or not cooled or reheated properly. VICFA asked our representatives to grant a vote of confidence to both home food entrepreneurs and consumers.
I spoke to Anne Buteau, the President of VICFA, and she indicated that all products coming from a home kitchen must be labeled as Not Inspected. “This way, consumers can use their considerable judgement as to whether to purchase a product or not. I’ve always believed that purchasers are smarter than our representatives give them credit for. If a food producer has one safety problem, then his or her business is ruined. In many ways, the small producer has more at stake than someone who works in an industrial food operation.”
At Monday’s (Jan. 14th) Agriculture, Chesapeake, and Natural Resources (ACNR) subcommittee meeting, this bill passed 5 to 3. Unfortunately, Delegate Bloxom was one of the Nays.
Because HB 1785 passed the subcommittee, it was scheduled to go to the full ACNR committee on Wednesday morning after much discussion and substantive changes to the main bill. The bill hit this committee and it was deep sixed for good when the vote was Yea – 5 and Nay – 17.
I didn’t hear the debate in committee, but I am guessing that it centered around safety and there were anointed members of the Virginia Department of Agriculture and Consumer Services (VDACS) and the Department of Health to tell everyone how dangerous this bill would be. The reality is that the food you get from restaurants is just marginally safer than the food you might get from the average kitchen. The difference is the required food safety courses that are required of people working in commercial kitchens. Anyone can take these courses and they are offered at the Eastern Shore Community College. In the two seasons that I made traditionally fermented sauerkraut, my process was inspected just once, before I even made my first batch. Although I was obligated to maintain a record of the pH each time I made sauerkraut, it was never reviewed by any authority. Our few health inspectors work hard to prevent foodborne illness, but the real responsibility lies with each person who makes food. It is clear that our delegates do not believe that the citizens of Virginia are capable of taking on this responsibility. What do you think?
About the Author
This is a very busy time for Delegate Bloxom. The entire General Assembly is trying to complete a years worth of work in two months. I know he tries his best to answer questions that pertain directly to his constituents. That being said I understand your position of wanting more opportunities for small home based family businesses……. that being said I believe the greater danger to public is the underlying factor in this vote. Not everyone takes the high ground when preparing foods to be consumed by the public. The current Health Department staffing is very thin and barely able to handle the current commercial kitchens and restaurants that require inspections now. This would add a huge burden to that system and without a clear path as how to handle this future possibility I would also lean towards this result. I am not saying that we can’t find a way to ensure public safety in this area, we just can’t right now. I am a long time Restaurant and Hotel operator and so I do have experience in this area. It is extremely dangerous to the public when certain Time and Temp standards are not strictly adhered to. In addition to those, proper cleanliness and sanitation is critical to the public health. Until we can find a way to properly manage these concerns, they are looking out for the best interests of their constituents. Delegate Bloxom has been dedicated to making the Eastern Shore and a portion of Norfolk a safer and more prosperous area for all that live here. Please look at both sides of this information and remember to trust our local representatives to have our best interests and safety at heart!
Hi Rob, I think I understand the opposing position. They believe that it is Government’s job to keep everyone safe. My feeling is that Government can’t possibly be everyone’s nanny, and at some point people need to accept responsibility for their actions. However, what puzzles me is why some people feel they need to restrict others’ free choices. These restrictions are always for “our own good” and imply that citizens are not capable of making good choices themselves. I’m pretty sure that Delegate Bloxom just doesn’t want the risk of sick people, and he probably doesn’t want any “blowback” that might occur if there is a food safety incident in his district. I feel this stifles innovation and restricts my rights to buy the food of my choice.
This is no more than one government employee making excuses for the failure of another government employee to respond to a constituent.
Mr Stubbs is Chair of the Northampton County Republicans so I take his response as a measure of their attitude towards general accountability in government.
There was a point in time when Republicans were rooted in the principle of smaller government and free enterprise. That point is fading into the horizon rather quickly.
Great comments! This attitude of safety over freedom leads to neither safety nor freedom. I dislike both the Democratic and Republican Parties. I’m headed to Eastville to change my affiliation to Independent!
I don’t understand at all what you are trying to say I am for or against. I work for a small town in Northampton County and work my tail off….. I was stating that he is very busy at this time of year. I am for smaller Government as is the Party I Represent. I would love to find a healthy way for this to work! You also have to understand that my chosen career lends itself to protecting people…… not stopping local small businesses!
I feel I am intellugent enough to make my own decisions whether or not to buy food from a local “cottage” kitchen. After all, when romaine lettuce sold in super markets all over the country can slip through inspection with e-coli, how does that make government regulations any better??????
Thanks for sharing this info with us. Very commonsense and informative.
While in session Mr. Bloxom is a very busy man. I wouldn’t expect an answer to a question now. I don’t talk to a Deputy while she/he is at an accident scene,or a Dr. while he or she is in surgery.
I too believe safety and inspections has a lot to do with this decision. This Commonwealth has evolved towards it’s standards of safety and inspections for all businesses because it is necessary. While many small businesses and many “cottage kitchens” can be professionally run and need no assistance from the government, many others need to have oversight.
Standards protect the less fortunate. A.D.A. covered individuals i.e. Many of them are slightly cognitively impaired, and can function, but figure their way through a maze ? Be able to understand what kitchens are and aren’t safe for them ? Many of them have underdeveloped systems, like digestion and immune. We all have a responsibility to set standards to care for them, and for all others. The rest of us also need help. We don’t have the ability to know a thing about where the prepared food comes from. When we can’t take the time to prepare our own food, how will we then know the quality of the kitchen ?
I too would have voted no for the safety of all concerned.
I am VERY OPEN to helping “cottage industry kitchens” be allowed to make money, serve themselves and the community. Can they meet the same basic standards that, as stated in the original question, are often just barely met in standard commercial kitchens ?
Hi Jack. the problem with these laws and regulations is that they take away MY right to buy the food of my choice. And it takes away someone else’s right to try to support their family. Take a look at yesterday’s article in Forbes. https://www.forbes.com/sites/nicksibilla/2019/01/22/hundreds-of-homemade-food-businesses-flourish-under-state-food-freedom-laws/#36f73b102226
The article speculates that since this food must be sold directly to consumers it bypasses warehouses, retail operations – all places where food can get contaminated. There’s no problem in Wyoming. We need an economic boost like this in Virginia!
Hello Karen, I have read the article you suggested I read. I appreciate your passion for freedom, diminished controls of government and greater opportunities for self reliance. I really do. I cannot and will not argue with your correct and valid points.
At the same time I will not retract the points that I have made.I do know folks who are incapable of properly educating themselves to food dangers.I also know people who have lowered immune systems and are much easier to seriously harm with bacteria. I repeat, who protects them ?
After reading the Forbes article you directed me to, I sent myself to Wikepedia and enterd the phrase “outbreak of food born illness”. Your article speaks to rules in 3 states that allow cottage industry kitchens and states that there have been no outbreaks of food born illness. Be advised that “no outbreaks” does not mean no one has become ill. I also realize other inspected food preparers create illness. Also be advised that there are 47 other states that have decided to leave their regulations as they were/are.
My point is, we are both right. So then what happens ? I think we find out that sometimes conservative decisions are made and we regulate more, and sometimes we regulate to try new ideas. Feel free to continue to support your idea. That is what our freedoms are all about. I just happen to have a different opinion w/you on this one. Especially in this Comonwealth where summertime temperatures are consistently so much higher than that of other states like Wyoming. Temperature is everything in this situation.
“I also know people who have lowered immune systems and are much easier to seriously harm with bacteria. I repeat, who protects them ?”
I’m allergic to garlic and chocolate. I KNOW what happens when I eat them. I take full responsibility for the mucus production and red, itchy eyes when I CHOOSE to enjoy them, or NOT.
If YOU know them , then THEY know themselves. Is personal responsibility dead? Is it festering on the corpse of freedom?
Caveat Emptor.
Hey, stick them home kitchens with the same codes that restaurants operate under…….a 15K fire suppression system, walk in freezers/fridges, etc…. and just wait for the economy to blow up!!! Cuz adding all those expenses UP FRONT will certainly ensure a robust local economy.
NOT.
BUT it does have ONE great effect………no competition for Mr. Stubbs.
You’re right, Mike! Preventing small business from operating from the kitchens of our towns benefits larger businesses who don’t have to step up and deal with competition of home cooks. Yesterday, Forbes Magazine printed a timely article about how Wyoming’s liberalized food laws have sparked the economy. And guess what? No food safety problems! Here’s the link:
https://www.forbes.com/sites/nicksibilla/2019/01/22/hundreds-of-homemade-food-businesses-flourish-under-state-food-freedom-laws/#36f73b102226
At the end of the day, how much time does it take , to acknowledge a message to/ from a constituent?
Our system , was built on the principle of limited government.
If this is a safety issue, why can’t this be communicated?
Why is the State’s , ability or willingness , to respond to its citizens entrepreneurship , allowed to to deny both the producers, and the willing consumers, of a transaction, that has no communicated down side?
If you can’t get a response from your representative, find a willing volunteer, who will commit to doing the right thing, communicating, and following rhrough!
Mark Daniel
New Kent
How long does it take to respond? Well, that of course depends. You can answer that question.How long did it take you to log on, sign in, write your response, and then confirm it? 15 or 20 minutes? Let’s guesstimate that Del. Bloxom receives ONLY 20 requests a day. 20 x 20 is 400 mins. It sounds like you think Del. Bloxom should spend his time in Richmond responding to questions that have already been answered. He might find it important reading, learning and discussing proposed legislation so he can actually spend time on the floor listening and voting.
Your statement that we are based on limited gov. is sure true. That refers to all levels of gov. not just the legislature. When someone asks a question that is answered by existing law, and addressed by recent proposed legislation, it is a request for time on duplicte levels. Del. Bloxom has to prioritize his time.
The answer to her question DOES EXIST in present law. His vote backed that law and disagreed with that proposed legislation. The safety issue has been addressed and answered in the current law.
Asking Del. Bloxom WHY is the same question as asking a judge why he imposes a fine when I run a stop sign. My proposal to the judge to overturn the need for the stop sign was not well received, was determined to be invalid, the current support for keeping the stop sign in place was continued, and I would be fined.
Additionally, I believe there is protocol in place to get the exact reason(s) for the rejection of the proposed legislation. The answer does not have to come directly from Del. Bloxom.
Yeah, Mr. Faniel!!! Bow down before your masters and accept what bones they toss you!!!!
Cripes, it’s not like you Virginia taxpayers are paying for the Delegate to staff an office full of staffers who answer constituents questions……..oh, wait, you do.
Well, suck it up, the Uniparty will take care of all……….just take your Soma and pop up the vidscreen.