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Hey guys,
I had a quick question in regards to reading the EHOG. The EHOG states that “religious, charitable, and non-profit organizations are exempt from ALL sanitation food inspections…entities are exempt provided the food is sold at their religious event, charitable function or activity”. The code at the beginning of the paragraph is 196.291 RSMo, which if you look that up says that “all food sales which are not potentially hazardous shall be exempt”. Are non-profit then exempt altogether from inspections?
Thank you!Hi Niki. When we have had DHSS Environmentalists help with events such as fairs in our county (we do not have a county food ordinance), they have steered 100% clear of any and all non-profit organization vendors and have told us that we can only perform courtesy inspections upon an organization’s request. I would reach out to your regional environmentalist with your question.
Niki, We have been up-front with non-profits and told them that they are exempt. I explain a little about what we do for a routine inspection and why we do it and then we ask if they would like us to do a courtesy inspection. I tell them we can offer suggestions but can’t force them to comply. As far as I recall, every time I’ve offered to do a courtesy inspection for a non-profit they have said yes. I tell them any areas of concern and how to correct.
Niki,
I have always gone by the EHOG’s guidance that states that they are exempt, but upon looking at the Statute, I agree with you that it seems to say something different than the guidance.
The Statute as cut and paste from the MoRS website states:
196.291. Food sold at religious events or charitable functions exempt from food inspection laws and regulations, when. — All sales of foods which are not potentially hazardous foods, as defined by regulation, sold by religious, charitable, or nonprofit organizations at their religious events or at charitable functions and activities shall be exempt from all state laws and regulations relating to food inspection, pursuant to sections 196.190 to 196.271.
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(L. 2005 S.B. 355)
This says to me that these are exempt from inspection only if they are selling non-potentially hazardous foods…but that’s not the guidance in the EHOG.
Currently I do not inspect these organizations, I do offer help and suggestions like the others have noted, but unlike Joe, I have lots of refusals.
Good Luck and I will be following this as it develops.
We provide guidance and education. Yes they are exempt BUT safety is our priority and if we see something, we say something!!
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