Archive for the ‘Montgomery County’ Category

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Thanksgiving Traditions

2022/11/14

Do you remember pulling on a wishbone against your sibling and hoping that your wish would be granted if you broke off the bigger half?

Well, not at my grandparents’ house in West Hartford, Connecticut. My grandfather, Robert John Landegren a second-generation Swede, was always the master turkey carver in our family. He would carefully remove the wishbone and set it aside, but NOT for wishing. After it dried, he would carefully mark it with the year and hang it from a pipe in the basement over his workbench.

He never said but I could guess that he was grateful for all the good times with family.

I searched Google for “grateful thanksgiving quotes” and came up with this:

How do you express gratitude on Thanksgiving?
A creative way to express gratitude this Thanksgiving is to write out your appreciation. Share a specific example of something they did for you and how it made a difference in your life. To start, make a list of people you’d like to thank.

Let our lives be full of both thanks and giving.
Have a safe and happy holiday with family and friends.
David Robert Lambert

p.s. the “Robert” in my name comes from my grandfather. In conversation, feel free to call me “Dave” but for anything at all formal, be sure to include the “Robert” or at least my middle initial “R” out or respect and honor to him. If a telemarketer calls and asks for “David Lambert” I say there is no such person here!

REFERENCE

Part of the turkey tradition involves the wishbone in the turkey carcass: Two people each grab a side and break the bone apart while making a wish. Whoever breaks off the larger part of the wishbone will have their wish granted.
https://www.makeitgrateful.com/living/celebrate/thanksgiving/breaking-the-thanksgiving-wishbone-a-history/

Posted in Blogroll, DC, Food & Culinary Arts, General, Maryland, Montgomery County, Religion, Virginia, Washington DC Region | Leave a Comment »

Public-Private Partnerships

2021/12/28

There is no single definition of a Public-Private Partnership, often referred to as P3. The Government Accountability Office defines a public-private partnership as “a contractual arrangement that is formed between public and private-sector partners. These arrangements typically involve a government agency contracting with a private partner to renovate, construct, operate, maintain, and/or manage a facility or system, in whole or in part, that provides a public service.”

This is an arrangement where businesses supplement public investment for the common good; each party must be as committed to achieving the others’ goals as they are to their own goals.

However, numerous interviewees told the Harvard Business Review that focusing on contract terms often set partners to act more like adversaries than allies. “Public clients prefer building iron-clad, oppressive contracts that are extremely one-sided and which start the relationship off on the wrong foot,” said a leader of a semi-governmental Canadian agency. Others said that contractors often exploit the contract terms to increase their profit at the expense of the project.

Montgomery County, Maryland, government and nonprofit service agencies are bucking this trend and are cooperating with each other.

We must have food, water, air, and shelter to survive. If any one of these basic needs is not met, then humans cannot survive. Jesus said, “You will always have the poor among you” (Matthew 26:11, Mark 14:7 NLT) but the pandemic has exasperated this, especially with regard to food.

Early on, a service hub was established in Germantown to provide food, diapers, and other necessities. A Food Security Task Force was established. Over 100 food-related nonprofit agencies began meeting with County personnel each and every week. The Montgomery County Food Council’s Online Food Assistance Resource Directory was updated and lists food assistance sites throughout the County. The Germantown Service Hub was successful and the County replicated it in 7 more locations.

With 1 in 10 Montgomery County residents facing food insecurity due to COVID-19, The Community Foundation’s Food for Montgomery initiative is marshaling the resources of nonprofits, faith communities, local businesses, farmers, and county agencies to increase food access and help families recover from the crisis. Grants totaling $959,590 will build the resiliency of 14 nonprofit and faith-based partners to more effectively and efficiently meet the needs throughout Montgomery County.

“The pandemic not only increased demand for housing, food, and educational supports, it also exacerbated and brought longstanding inequities into focus,” said Tonia Wellons, President and CEO of the Greater Washington Community Foundation. “These grants [of more than $6.2 million to 70 nonprofits] will help our nonprofit partners sustain and continue to adapt their services to support equitable recovery by providing individuals and families with what they need to survive and thrive today and for the long-term.”

The Community Foundation is specifically interested in neighborhoods and census tracts that are experiencing the highest incidences of system-induced inequities in the areas of health, homeownership, education, employment, income, and life expectancy.

SOURCES (accessed 12/27/2021)

Public-Private Partnership (P3) Basics
https://www.agc.org/public-private-partnership-p3-basics

What Successful Public-Private Partnerships Do, Elyse Maltin, January 08, 2019
https://hbr.org/2019/01/what-successful-public-private-partnerships-do

Human Needs Exploration: Then and Now, NASA
https://www.nasa.gov/pdf/162514main_Human_Needs.pdf

The Holy Bible, Matthew 26:11, Mark 14:7
https://www.biblegateway.com/passage/?search=Matthew+26%3A11%2C+Mark+14%3A7&version=NLT

Community Foundation Invests $6.2+ Million in 70 Nonprofits, December 15, 2021
https://www.thecommunityfoundation.org/news/the-community-foundation-invests-in-equitable-recovery

Posted in Food & Culinary Arts, General, Montgomery County | 1 Comment »

Everyday Philanthropist Act

2021/12/11

This bill allows employers to offer certain employees a tax-advantaged flexible giving account as a fringe benefit. Flexible giving accounts allow employees to set aside up to $2,700 of their annual pretax earnings to make tax-deductible charitable contributions without having to itemize tax deductions.

The Everyday Philanthropist Act (S.3191), a bipartisan bill to incentivize charitable giving by providing Americans with an effective tax break, has been introduced in the U.S. Senate by Senators Ben Sasse (R-NE) and Tammy Baldwin (D-WI). Companion legislation (H.R.4585) was introduced in the U.S. House of Representatives by Congressmen Tom Suozzi (D-NY) and Vern Buchanan (R-FL) on July 20, 2021.

The Tax Cuts and Jobs Act (TJCA) was signed into law in 2017. The act nearly doubled the standard deduction and eliminated or limited many itemized deductions. The effect of the tax reform was that many people who used to itemize on Schedule A took the standard deduction instead.

Whether deductions eliminated by the TCJA or other changes have a negative impact on you depends on your personal financial situation and the types and amounts of deductions you might be able to take.

The passage of the Everyday Philanthropist Act
will help counteract some of the negative effects
the TJCA has had on charitable giving.

The Federal Government has a payroll deduction program similar to the proposed Everyday Philanthropist Act. The Combined Federal Campaign (CFC) is available to all Federal workers whether they be military, civilian, or postal. This year, the CFC is celebrating its 60th anniversary. Since its inception, the CFC has raised more than $8.5 billion for charities and people in need.

A similar program for large, international corporations is provided by Benevity. According to their website, payroll giving lets people give as they earn and is by far the easiest way for them to give to nonprofits. The Greater Give says working Americans should feel inspired to give back, and that their employers should have the tools and resources to help them give.

“The Everyday Philanthropist Act would help people who give currently to give more and encourage those who don’t already give to start,” says Dan Rashke, Founder of The Greater Give. “It would revolutionize the way Americans give back and could have incredible impacts on those in our community who are in need.”

SOURCES (accessed 12/11/2021)

H.R.4585 – 117th Congress -2022)
https://www.congress.gov/bill/117th-congress/house-bill/4585?s=1&r=30

S.3191 – 117th Congress (2021-2022)
https://www.congress.gov/bill/117th-congress/senate-bill/3191?s=1&r=2

Tax Deductions That Went Away, Starting With 2018 Taxes
https://www.investopedia.com/tax-deductions-that-are-going-away-4582165

Combined Federal Campaign, You can be the face of change
https://givecfc.org

Celestial Manna CFC Posters, Department of Defense
https://drive.google.com/file/d/14dlKVF9dBqNR8ZYqBs7FNgapIsCXtWdg/view?usp=sharing

Celestial Manna CFC Posters, Civilian Federal Workers
https://drive.google.com/file/d/16UEHrrIJ3jxcGkWEKBhVAiCs5o6xX_64/view?usp=sharing

Celestial Manna CFC Posters, Postal Workers
https://drive.google.com/file/d/1cgHfOjcSlaldXr9Y5S3sQ0o8GYf_x1Qk/view?usp=sharing

Benevity Website, Payroll Giving Lets People Give as They Earn
https://benevity.com/products/payroll-giving

The Greater Give Website
https://thegreatergive.org/about-us/

The Everyday Philanthropist Act Drops in the US Senate
https://www.tasconline.com/newsroom/

Posted in Blogroll, DC, General, Maryland, Montgomery County, Virginia, Washington DC Region | Leave a Comment »

Good Samaritan Food Donation Act

2021/04/04

The Bill Emerson Good Samaritan Food Donation Act encourages the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law. The act provides limited liability protection, both civil and criminal, for those who donate and distribute food and groceries. This law:

o Protects you from liability when you donate to a non-profit organization,

o Protects you from civil and criminal liability should the product donated in good faith later cause harm to the recipient, and

o Standardizes donor liability exposure.

The Act protects backyard gardeners, farmers, gleaners, restaurants, retail grocers and manufacturers, caterers, food banks, nonprofit food distributors, food trucks, school food authorities and institutions of higher education.

However, kitchens that create meals from donated food and then sell the meals at extremely low prices in underserved neighborhoods are not covered. For a donation to be covered by the act, the ultimate recipients of the food or grocery items must not be required to give anything of value.

The act expressly covers donations by food banks and nonprofit food distributors. The following are classified as “Food Banks, Food Pantries (K31)” and as such, are covered by the Act:

o Capital Area Food Bank
o Celestial Manna
o Manna Food Center
o Maryland Food Bank
o Nourish Now

The Bill Emerson Good Samaritan Food Donation Act preempts state “Good Samaritan” statutes that provide less protection from civil and criminal liability arising from food donated in good faith for distribution to the needy than the Act provides.

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RESOURCES (accessed 03/30/2021)

Bill Emerson Good Samaritan Food Donation Act
Public Law 104–210, 104th Congress, October 1, 1996
https://www.govinfo.gov/content/pkg/PLAW-104publ210/pdf/PLAW-104publ210.pdf

42 U.S. Code § 1791 – Bill Emerson Good Samaritan Food Donation Act
Cornell Law School, LII > U.S. Code > Title 42 > CHAPTER 13A > § 1791
https://www.law.cornell.edu/uscode/text/42/1791

Bill Emerson Good Samaritan Food Donation Act
October 1, 1996
https://www.feedingamerica.org/about-us/partners/become-a-product-partner/food-partners

Good Samaritan Act Provides Liability Protection For Food Donations
March 9, 2021
https://www.usda.gov/media/blog/2020/08/13/good-samaritan-act-provides-liability-protection-food-donations

Preemptive Effect of the Bill Emerson Good Samaritan Food Donation Act
DAWN E. JOHNSEN, Acting Assistant Attorney General, Office of Legal Counsel
March 10, 1997
https://www.justice.gov/sites/default/files/olc/opinions/1997/03/31/op-olc-v021-p0055_0.pdf

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Virtual Food Drive

2020/05/29

A traditional church “Food Drive” where members donate canned goods is not cost-effective. When food is purchased by nonprofits from Feeding America food banks like the Capital Area Food Bank or Maryland Food Bank, donation dollars can go much further. Consider a “virtual” food drive instead and send the proceeds to a nonprofit food agency like Celestial Manna.

Posted in DC, Food & Culinary Arts, General, Maryland, Montgomery County, Religion, Virginia, Washington DC Region | 1 Comment »

What is CFAP?

2020/05/23

On April 17, 2020, U.S. Secretary of Agriculture Sonny Perdue announced the Coronavirus Food Assistance Program (CFAP).  This new U.S. Department of Agriculture (USDA) program will take several actions to assist farmers, ranchers, and consumers in response to the COVID-19 national emergency.  President Trump directed USDA to craft this $19 billion immediate relief program to provide critical support to our farmers and ranchers, maintain the integrity of our food supply chain, and ensure every American continues to receive and have access to the food they need.

“During this time of national crisis, President Trump and USDA are standing with our farmers, ranchers, and all citizens to make sure they are taken care of,” Secretary Perdue said.  “The American food supply chain had to adapt, and it remains safe, secure, and strong, and we all know that starts with America’s farmers and ranchers. This program will not only provide immediate relief for our farmers and ranchers, but it will also allow for the purchase and distribution of our agricultural abundance to help our fellow Americans in need.”

CFAP will use the funding and authorities provided in the Coronavirus Aid, Relief, and Economic Security Act (CARES), the Families First Coronavirus Response Act (FFCRA), and other USDA existing authorities.  The program includes two major elements to achieve these goals.

  • Direct Support to Farmers and Ranchers
  • USDA Purchase and Distribution

On top of these targeted programs, USDA will utilize other available funding sources to purchase and distribute food to those in need.

As a food supplier to low-income families and others who are food insecure, this second point is of most interest to us here in the metro DC region of Maryland, District of Columbia and Northern Virginia.

Farmers to Families Food Box Infographic

USDA will partner with regional and local distributors, whose workforce has been significantly impacted by the closure of many restaurants, hotels, and other food-service entities, to purchase $3 billion in fresh produce, dairy, and meat. USDA will begin with the procurement of:

  • $100 million per month in fresh fruits and vegetables
  • $100 million per month in a variety of dairy products
  • $100 million per month in meat products

This “Farmers to Families Food Box Program” will provide a preapproved box of fresh produce, dairy, and meat products to food banks, community- and faith-based organizations, and other nonprofits serving Americans in need.  Although farmers and industry experts feel that CFAP is a woefully inadequate response to both the oversupply of unpurchased produce and the demand for food, food banks, and local food pantries should be thankful for what they can get through this program.

Suppliers will package these products totaling $1.2 billion into family-sized boxes, then transport them to food banks, community and faith-based organizations, and other non-profits serving Americans in need from May 15 through June 30, 2020.  AMS may elect to extend the period of performance of the contracts, via option periods, dependent upon program success and available remaining funds, up to $3 billion.

Any entity that provides to the supplier proof of its 501(c)(3) tax-exempt status or a government entity (e.g. school food authority, Indian tribe) and who can demonstrate that they have the operational and financial capability to receive, store and distribute requested food items is eligible to receive food from contracted distributors.  Through its contracting process, USDA will require that distributors participating in the program maintain records showing their deliveries have occurred to appropriate non-profit organizations.  Non-profit organizations will be responsible for timely distribution of food.  Food banks and other non-profits may work with identified distributors serving their area to assist in the distribution process.

Contractors must submit an invoicing package that indicates the number of boxes delivered, contents of the boxes, and proof of delivery to a non-profit or other organization in the contract.  There are no reporting requirements for the non-profit or government organizations.

USDA will not be purchasing bulk shelf-stable items through the Farmers to Families Food Box Program.  However, through USDA’s existing programs and additional funding provided by Congress USDA will be making additional purchases of these products.  These will include purchases made with Section 32, Families First Coronavirus Response Act and CARES Act funds and made available to the Emergency Food Assistance Program (TEFAP).

In our area, produce and shelf-stable items are available through the Capital Area Food Bank, a member of Feeding America.  The Capital Area Food Bank leads our region’s efforts to provide good, healthy food to people struggling with hunger and food insecurity.  Each year, they source and distribute the food for over 30 million meals.  The Feeding America network is the nation’s largest domestic hunger-relief organization, working to connect people with food and end hunger.  Donors, staff, and volunteers all play an important role in efforts to end hunger in the United States.

RESOURCES

USDA Agricultural Marketing Service Overview
https://www.ams.usda.gov/about-ams

USDA Announces Coronavirus Food Assistance Program, Press Release Number 0222.20 dated 04/17/2020 (accessed 05/23/2020)
https://www.usda.gov/media/press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program

Farmers to Families Food Box Infographic (pdf) (accessed 05/23/2020)
https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf

The USDA’s Plan to Feed Americans and Pay Farmers Is Not Enough, by Matt Stieb, dated 04/26/2020 (accessed 05/23/2020)
https://nymag.com/intelligencer/2020/04/usda-plan-to-feed-americans-and-pay-farmers-isnt-enough.html

Coronavirus Food Assistance Program FAQ, Last Updated: May 20, 2020 (accessed 05/23/2020)
https://www.farmers.gov/cfap/faq

USDA AMS Farmers to Families Food Box (accessed 05/23/2020)
https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box

Farmers to Families Food Box Program FAQs, Published 04/27/2020 (accessed 05/23/2020)
https://www.ams.usda.gov/publications/content/farmers-families-food-box-program-faqs

Capital Area Food Bank (accessed 05/23/2020)
https://www.capitalareafoodbank.org

Feeding America (accessed 05/23/2020)
https://www.feedingamerica.org

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What is TEFAP?

2020/05/10

In 1939, Secretary of Agriculture Henry Wallace consolidated a number of bureaus and programs to create a single agency to carry out a sweeping mission.  The new Agricultural Marketing Service was charged with facilitating the efficient, fair marketing of U.S. agricultural products, including food, fiber, and specialty crops. In 2017, Agriculture Secretary Sonny Perdue announced the realignment of a number of offices within the U.S. Department of Agriculture (USDA).

USDA’s Agricultural Marketing Service (AMS) administers programs that create domestic and international marketing opportunities for U.S. producers of food, fiber, and specialty crops.  AMS also provides the agriculture industry with valuable services to ensure the quality and availability of wholesome food for consumers across the country.

The Emergency Food Assistance Program (TEFAP) is a federal program that helps supplement the diets of low-income Americans, including elderly people, by providing them with emergency food assistance at no cost.  Through TEFAP, the U.S. Department of Agriculture purchases a variety of nutritious, high-quality USDA Foods, and makes those foods available to State Distributing Agencies.

TEFAP foods include dairy products, grain & oilseed products, fruits, vegetables, nuts, beef, bison, lamb, pork, poultry, egg products, fish, and seafood.

USDA makes commodity foods available to States for distribution to low-income people through emergency food providers.  USDA also provides States with funding to assist with a small amount the storage and distribution costs for TEFAP commodities.  The amount of food each State receives out of the total amount of food provided is based on the number of unemployed persons and the number of people with incomes below the poverty level in the State.

TEFAP is a means-tested federal program that provides food commodities at no cost to Americans in need of short-term hunger relief through food providers like emergency food pantries, food banks, soup kitchens and shelters.  Here in the DC region, the Capital Area Food Bank (CAFB) participates in TEFAP.  In Montgomery County, Maryland, Manna Food Center is an authorized distributor of TEFAP food obtained from CAFB.  In the DC region, not just Montgomery County, Celestial Manna is a partner of CAFB and will be applying to become a TEFAP-authorized agency.

Food banks such as CAFB, combine TEFAP commodities and storage and distribution funding with private donations of food and funds, infrastructure, and manpower to leverage the program far beyond its budgeted amount.  In this way, TEFAP and the emergency food system exemplify an optimum model of public-private partnership.

In summary, TEFAP is a federal program that helps supplement the diets of low-income Americans by providing them with emergency food assistance at no cost.  USDA provides 100% American-grown USDA Foods and administrative funds to States to operate The Emergency Food Assistance Program.

REFERENCES (accessed 05/10/2020)

https://www.feedingamerica.org/take-action/advocate/federal-hunger-relief-programs/the-emergency-food-assistance-program

https://www.ams.usda.gov/about-ams

https://www.ams.usda.gov/sites/default/files/media/AMS_Fact_Sheet_2019.pdf

https://www.ams.usda.gov/programs-offices/ams-overview

https://www.ams.usda.gov/selling-food/becoming-approved

https://www.ams.usda.gov/selling-food/solicitations

https://www.fns.usda.gov/tefap/emergency-food-assistance-program

https://www.fns.usda.gov/tefap/tefap-fact-sheet

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Dedicated volunteer drivers are the life-blood of Celestial Manna

2019/11/17

Forty percent of all food in the United States goes to waste! It’s not that there isn’t enough food produced, it’s just not always in the right place at the right time or not quite good enough for a high-end market to sell.

Some food has slight imperfections, is perfect but too small or too large, or is perfect but surplus. Many times a farmer will plow produce under or feed it to their animals if it can’t be sold.

Perfectly good food at the grocery store that is near it’s “best by date” is often thrown away. Volunteer drivers from Celestial Manna routinely go to farms and grocery stores to pick up food that would otherwise be discarded. Some food is then delivered directly to families in need; some is delivered to church and community food pantries; some is delivered to food banks such as Montgomery County’s Manna Food Center and Nourish Now.

Celestial Manna has around 175 volunteer drivers who move 5 million pounds of food a year from farms and grocery stores to places where it can be used to feed the hungry. On top of their volunteer time, they generally use their own cars and pay for their own gas.

Celestial Manna would not have survived over 30 years without their dedicated crew of volunteer drivers.

About Celestial Manna

Celestial Manna is a 501(c)(3) nonprofit established in 1987. Their primary mission is to feed the hungry by providing them with free food which is locally donated. They give weekly support to more than 10,000 people in the Washington, DC metropolitan region stretching from north of Baltimore through Prince George’s and Montgomery Counties Maryland, and south to northern Virginia. Celestial Manna tries to help people from all walks of life; these individuals range from blue-collar workers, low-income families, single-parent households and diverse ethnicities. Hunger is not the only challenge these people face. In addition to a network of food redistribution, Celestial Manna provides support to people in need of clothing, furniture, toys, and household goods.

For more information, visit http://www.CelestialManna.org or call (240) 350-1456. Combined Federal Campaign (CFC) number 76440. GuideStar Platinum Seal of Transparency, EIN number 01-0588746.

Posted in Food & Culinary Arts, Maryland, Montgomery County, Virginia, Washington DC Region | Leave a Comment »

Public vs. Private Event

2019/04/15

The following church-related scenarios represent my opinion on the subject of the differences between a public event and a private event.   This distinction is critical to know because different food safety laws and regulations apply to each category.

PRIVATE EVENTS

Coffee Hour after a church service is intended for members of the congregation and their invited guests.  Even if the worship service is advertised to the general public, coffee hour is not intended to be an invitation for members of the general public to eat doughnuts without attending the worship service.  Therefore this a private event.  In general, non-TCS foods are served.

Fellowship Breakfast after a church service is intended for members of the congregation and their invited guests.  Even if the worship service is advertised to the general public, a fellowship breakfast potluck is not intended to be an invitation for members of the general public to eat pancakes, sausages, and bacon without attending the worship service.  Therefore this a private event.  In general, some TCS foods are served.

A Wedding Reception is only for invited guests.  This is clearly a private event.

AMBIGUOUS

A Birthday Party is generally for invited guests only and would therefore qualify it as a private party.  However, if the person is well-known and there is wide distribution beyond the congregation and advertising to the general public, this would then become a public event.

A Funeral Reception is for church members and, in general, people who knew the deceased person.  Therefore, it could be classified as a private event.  However, an obituary is generally published in newspapers, remembrances solicited on funeral parlor websites, and listed in online church events calendars.  Public event definition 60-b-ii says events that are advertised by “newspaper articles, radio or television announcements, or on an Internet website as being open to the public” are public events.

A Chili Cookoff for members of the congregation would be considered a private party.  In the same manner as a birthday party described above, if there is wide distribution beyond the congregation and advertising to the general public, this would then become a public event.

PUBLIC EVENTS

Fall Festivals and other large community outreach events are generally not just for church members.  Phrases such as “Come One, Come All” are typical of this type of event to which the general public is invited.

Choir Concerts and other large community outreach events are generally not just for church members.  Although the main purpose is for members of the general public to hear the concert, many times non-TCS food is served at a reception afterwards.  Therefore I would categorize the concert/reception as a public event.

YOUR COMMENTS

Comments on these scenarios, and others you would like to submit for discussion, are most welcome.  Use the “Leave a Reply” feature below.

REFERENCES

List of TCS Foods, Maryland Food Handlers (accessed 04/14/2019)
https://www.mdfoodhandlers.com/Content.aspx?PageName=TCS

Not a Potluck!, David Robert Lambert Blog (August 25, 2012, accessed 04/14/2019)
https://lambertdrl.wordpress.com/2012/08/25/not-a-potluck/

Churches are in the Fellowship Business, David Robert Lambert Blog (December 7, 2018, accessed 04/14/2019)
https://lambertdrl.wordpress.com/2018/12/07/churches-are-in-the-fellowship-business/

Definition (60) Public Event, Code of Maryland (COMAR) 10.15.03.02 (accessed 04/14/2019)
http://www.dsd.state.md.us/comar/comarhtml/10/10.15.03.02.htm

(60) Public Event.

(a) “Public event” means an event or festival that is a planned gathering that is:
(i) Open to the public; and
(ii) Regulated by the State or local jurisdiction in which the planned gathering takes place.

(b) “Public event” includes an event or festival:
(i) Attended by individuals from the general public whether or not a fee is charged; or
(ii) Advertised with fliers, banners, newspaper articles, radio or television announcements, or on an Internet website as being open to the public.

(c) “Public event” does not include a:
(i) Private party;
(ii) An event restricted to organization members; or
(iii) Another event that restricts the general public from attending.

Public vs Private Events, San Francisco Department of Public Health (accessed 04/15/2019)
https://www.sfdph.org/dph/EH/Food/Permits/permitSpecPublicvPrivate.asp

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What is a Cottage Food Business?

2019/02/28

UPDATED 05/15/2019

In 2012, Maryland passed a modified Cottage Law, allowing for citizens to operate a home based bakery or home food processing company.  The law was updated in 2018; as of this writing on February 28, 2019, the Code of Maryland Regulations were last updated on January 29, 2019.

An undated memo “Guidance for Cottage Food Businesses” issued by the Maryland Department of Health and Mental Hygiene, Environmental Health Bureau, gives a summary of the main points of these regulations.

It incorrectly states that “COMAR 10.15.03 defines a cottage food … business”.  The full citation is Code of Maryland Regulations Sec. 10.15.03.02. Definitions.

The Guidance also is incomplete in saying that cottage food products can be “offered for sale only at a farmer’s market or public event.”  This is in conflict with the Maryland Department of Health, Office of Food Protection, information which states that a “cottage food” product is a non-hazardous food offered for sale directly to a consumer from a residence, at a farmer’s market, at public events, by personal delivery, or by mail delivery (not offered for sale through interstate commerce.)  Possibly residence, by personal delivery, or by mail delivery was added after the Guidance was written but this cannot be substantiated.

COMAR Sec. 10.15.03.02. Definition (17)-1 talks about residential kitchens with annual revenues not exceeding $25,000.  Definition (17)-2-a says sales can only be made at a “farmers market or public event”. Definition (17)-2-b goes on to say that Maryland cottage foods may NOT be “offered for sale through Internet sales or interstate commerce.” There is no mention of sales by other means, neither in the residence, nor by personal delivery, nor by mail.

The only other mention of cottage foods in Sec. 10.15.03.02. is in definition (34)-c-vii that states that a cottage food business is NOT a Food Service Facility.

Yet another discrepancy can be found in the Farmer’s Market, Bake Sales, and Cottage Food section 10.15.03.27 where A(2) says cottage foods may be sold at a “farmer’s market, bake sale, or public event.”

Note that the term “potentially hazardous food” (PHF) was dropped in 2013 from the FDA Food Code, the recommendations upon which other jurisdictions base their food laws and regulations.  This term has been replaced with “TCS” foods, those that require time/temperature control for safety.  However over 5 years later, the State of Maryland and Montgomery County have yet to adopt this change in terminology.

COMAR Sec. 10.15.03.27 goes into detail saying that cottage foods can be:

  1.  Non-potentially hazardous hot-filled canned acid fruit jellies, jams, preserves, and butters,
  2.  Fruit butters,
  3.  Jam, preserve, or jelly,
  4.  Non-potentially hazardous baked goods,
  5.  Foods manufactured on a farm,
  6.  Non-potentially hazardous candy, and
  7.  All other non-potentially hazardous foods produced by a licensed entity.

Natural Honey (Unflavored and without any processing or additives) is cited as allowable by the University of Maryland Extension.  However, flavored honey requires a processing permit.  There is no mention of honey in Sec. 10.15.03.27.

Allergen information must be as specified by federal labeling requirements; “Major food allergen” includes: milk, egg, fish (bass, flounder, or cod), crustacean (crab, lobster, or shrimp), tree nuts (almonds, pecans, or walnuts), wheat, peanuts, and soybeans.

Sec. 10.15.03.27 C-(1)-c gives labeling requirements with regards to name, address, product name, ingredients, net weight/volume, and allergen information. The label must include the disclaimer “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”

The following are changes cited in Maryland HB0527/CH0370 that will become effective on October 1, 2019.

Definition (b-2) now has two parts.  The existing, now part one, is unchanged regarding direct sales to individuals.  Part two is being added to say that sales will be permitted “TO A RETAIL FOOD STORE, INCLUDING A GROCERY STORE, OR A FOOD COOPERATIVE.”  For such sales, the label must also include the “PHONE NUMBER AND E–MAIL ADDRESS OF THE COTTAGE FOOD BUSINESS; AND THE DATE THE COTTAGE FOOD PRODUCT WAS MADE.

Before sale to a retail store or food cooperative the State Health Department needs “DOCUMENTATION OF THE OWNER’S SUCCESSFUL COMPLETION OF A FOOD SAFETY COURSE APPROVED BY THE DEPARTMENT; AND THE LABEL THAT WILL BE AFFIXED TO THE COTTAGE FOOD PRODUCT”

Each year, beginning December 30, 2020, the State Health Department must submit a report to the “SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE” with information about Cottage Food sold to food stores and food coorperatives.

These 2019 changes were approved by the Governor of Maryland on April 30, 2019.


REFERENCES accessed February 28, 2019

Maryland Department of Health and Mental Hygiene, Environmental Health Bureau
Memo providing Guidance of Cottage Food Businesses
https://mda.maryland.gov/maryland_products/Documents/Cottage_Food_Guidelines.pdf

Code of Maryland Regulations
Sec. 10.15.03.02. Definitions
http://mdrules.elaws.us/comar/10.15.03.02

David Robert Lambert Blog Post
Hazardous is a Scary Word (2019/02/26 at 12:38)
https://lambertdrl.wordpress.com/2019/02/26/hazardous-is-a-scary-word/

Code of Maryland Regulations
Sec. 10.15.03.27. Farmer’s Market, Bake Sales, and Cottage Food Business
http://mdrules.elaws.us/comar/10.15.03.27

University of Maryland Extension
Maryland’s Cottage Food Business Law
https://extension.umd.edu/mredc/specialty-modules/cottage-food-business-law-md

Maryland Department of Health, Office of Food Protection
COMAR Regulations 10.15.03.02, 10.15.03.27
https://phpa.health.maryland.gov/OEHFP/OFPCHS/Pages/CottageFoods.aspx


REFERENCES accessed May 15, 2019

Institute for Justice, Maryland House Passes Bill to Expand Opportunities for Home Bakers
https://ij.org/press-release/maryland-house-passes-bill-expand-opportunities-home-bakers/

General Assembly of Maryland, HB1106/CH0491
http://mgaleg.maryland.gov/webmga/frmMain.aspx?id=HB1106&stab=01&pid=billpage&tab=subject3&ys=2018rs

Forrager, Cottage Food Community, Maryland
https://forrager.com/law/maryland/

TrackBill Maryland SB290, Public Health – Cottage Food Products – Definition and Sale
https://trackbill.com/bill/maryland-senate-bill-290-public-health-cottage-food-products-definition-and-sale/1658034/

General Assembly of Maryland, HB0527/CH0370, effective date October 1, 2019
http://mgaleg.maryland.gov/webmga/frmMain.aspx?id=HB527&stab=01&pid=billpage&tab=subject3&ys=2019rs

 

 

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