Project Work Plan Title: Winery Inspections and Licensing
Author: Val Gamble, Jan Kelly, Lowell Urban, Jill Herberg, Jeff Luedeman, Ben Miller / Date: January 15, 2016
Updated:
Project Summary
The MDA Food and Feed Safety Division (FFSD)Manufactured and Retail Food Inspection Programs have the authority to license and inspect breweries, distilleries, and wineries. Farm wineries have previously been excluded from licensing and inspection; however recent statutory analysis determined the need to license these operations. In some instances the wineries have additional operations such as prepackaged food sales, food service, or other food related activities that have required licensing, however the majority of wineries in Minnesota are unlicensed. These establishments will be inspected to current regulations, statutes and rules and will be licensed according to primary mode of business.
Goal:
The goals of this project are to provide guidance to Food Inspection staff regarding their responsibilities for inspections, licensing, plan review, and compliance and enforcement.

Documents relevant to this Project can be found on SharePoint: Food Program Documents>Alcohol Producing Facilities – Wineries Inspection Project

  1. Applicable firms, coordination of inspections/inspectional findings, licensing
  2. Any Minnesota winery, regardless of status as a wine manufacturer or a farm winery, will be licensed and regulated by the FFSD.
  3. Winery Types
  4. Farm Winery licenses are issued by the MN Department of Public Safety (DPS) under MN Statute 340A.315 for up to 75,000 gallons per year. Licenses are issued for the sale of table, sparkling, or fortified wines on the farm winery premises. Bottled Wine produced at a farm winery may be wholesaled.
  5. Farm wineries are also permitted to produce distilled spirits, up to 5,000 gallons per year.
  6. Wine Manufacturer licenses are issued by the MN Dept of Public Safety; Per 340A.101 Subd 17 Manufacturers are defined as a person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale.

1.3.Conduct an inspection at all unlicensed facilities.

  1. Attachment A – Winery List 2016 which is found on SharePoint contains a list of wineries currently licensed by DPS. This list includes an inspector and joint inspector/supervisor assignment.
  2. Some firms were previously licensed by the Minnesota Dept of Health (MDH); MDH has discontinued licensing these firms and should also be inspected as according to this WorkPlan.
  3. We don’t believe there are any that are licensed by a local health dept – but use your own knowledge about specific firms or reach out to local health as needed. If you start an inspection and find the firm does have a license from a local health, inform your supervisor and they will work with MDH to resolve the licensing issue. Discontinue the inspection until the licensing issue can be resolved.
  4. Firms that currently hold a license from MDA appear on this list, but should be inspected per the usual inspection frequency based on their risk category. An exception and instance when an inspection should be conducted sooner is if there are known issues of non-compliance with facility or equipment requirements or with having an approved water source or sewage disposal system.
  1. The first inspection at any winery must be conducted by appointment (should not be unannounced), and be done with two food inspectors or a supervisor present. If possible and/or applicable, include someone from the retail and manufacturing program areas.
  2. Licensing
  3. The license should be issued based on the predominant mode of business, either Retail Food Handler or Manufacturer/Processor.
  4. Do not issue a license to a firm until they meet all requirements.
  5. It is the expectation that all firms that were unlicensed and listed on Attachment A when this project is implemented must meet the appropriate requirements and become licensed within 18 months after the initial inspection is conducted.
  6. Firms that are unlicensed but currently operating may continue to operate. However if the firm is producing adulterated product, a Cease and Desist order may be needed. Consult with your supervisor if serious violations are found during the initial or subsequent inspections.
  7. Firms that have not met all requirements to be come licensed at the end of the 18 month period will be required to cease operations.
  8. Firms that become licensed by DPS after the implementation of this WorkPlan must meet all requirements before obtaining a food handlers license.
  9. Applicable regulations
  10. The Minnesota Food Code must be applied for any portion of the operation that is a Retail Food operation; e.g.
  11. Offering packaged food/drink to the ultimate consumer,
  12. Processing food that will be consumed on-site, such as pizza, sandwiches, snack foods, OR
  13. offering samples of food or beverages such as wine tasting operations
  14. Good Manufacturing Practices must be applied for any portion of the operation that is a Manufactured Food operation; e.g.
  15. Manufacturing packaged food to be sold on-site or at wholesale such as jam, condiments, honey, etc.
  16. Manufacturing wine sold in bottles on-site or at wholesale
  1. Inspection requirements – Initial inspections
  2. All initial inspection should be conducted asa joint inspection.
  3. Evaluate all parts of the facility where food operations are conducted to include sales areas, processing areas, storage areas, walk-in coolers and freezers, restrooms, and personnel working in food operations.
  4. Attachment B- Winery Facility Guidance document provides acceptable terms of compliance for both the retail and manufacturing components of the operation.
  5. Complete the Winery Assessment Form (Attachment C) and document current equipment, facilities, etc. as indicated for both retail and manufacturing operations. Photographs and/or a floor plan showing existing facilities/equipment may be used to communicate any questions/concerns to the Supervisor. Attachment C and any photographs or documents collected must be attached to the inspection (vs the entity/facility) in USAFS.
  6. Complete reports in USA FS for both Retail and GMP inspection types when applicable.
  7. Identified violations/Issuing Orders
  8. Include orders for approved water supply and sewer systems when appropriate. It is the inspectors responsibility to work with the firm on these issues to obtain the appropriate documentation demonstrating compliance. The compliance date is 18 months from the date of the inspection.
  9. For Retail Food operations,
  10. If a firm is currently operating (e.g. not shut down for the season), conduct a risk based inspection with the focus of evaluating risk factors and public health interventions. Use standard inspection procedures for orders, compliance dates and correction on site.
  11. The firm must submit a Plan Review and relevant fees prior to licensing and meet the requirements outlined in the MDA Construction Guide. Issue an order to submit a plan review that is 90 days from the date of the inspection.
  12. A plan review is not required to be submitted
  13. if one was previously completed by MDA, MDH or a Local Health Agency AND the facility meets all code requirements
  14. if a firm sells only prepackaged non-perishable food (including bottled wine) AND the facility meets all code requirements
  15. The firm should include information in the plan review submission about any manufacturing operations also part of the facility only as a reference for plan review staff.
  16. Include a comment in the report that there is a possibility of required changes to the facility or equipment after the submitted plans are reviewed by MDA Plan Review staff.
  17. When a Plan Review submission is required, do not issue any facility or equipment orders; the firm will be notified of any requirements or changes through the plan review process.
  18. Manufactured Food operations
  19. Issue orders for all violations found to include facilities, equipment, operations, etc. The compliance date should be listed as 18 months from the date of the inspection. If a violative condition represents a public health risk and the firm is currently in operation, an appropriate compliance date should be applied based on FOOD.30.05 Inspection Report SOP.
  20. Issue a Cease and Desist order when significant violations are found and the firm is/appears to be producing adulterated food.
  21. Published Comments
  22. Reference any fact sheets or other guidance documents that were provided during the inspection
  23. Request that the firm maintain communication with the inspector in regard to coming in to compliance. Provide your email and phone number.
  24. Include the statement that the firm has a maximum of 18 months from the date of the inspection to come into compliance and obtain a Food Handlers License from MDA but that but no license will be issued until all requirements are met.
  25. Include other comments as applicable as required in FOOD.30.05 Inspection Report SOP.
  1. Inspections – On-going
  2. Firms on the list (Attachment A) will become part of an assigned territory in USAFS based on current territory assignments at the time of implementation of this work plan. Inspectors assigned initially, should follow through with inspections as territories change, but including a new inspector as applicable.
  3. If an operation consists of Retail and Manufacturing Operations, future inspections should be done as joint inspections by inspectors from both Program areas. Currently the firm will only appear on one inspectors list, but changes will be made to USA FS in the future so that both inspection types appear on the respective inspectors ‘due’ list.
  4. Once a firm is licensed, inspection frequency must be followed based on FOOD.30.16 – Retail Risk Category SOP and FOOD30.08- Manufacturer and Distributor Risk Category SOP.
  5. All existing SOPs and policies relevant to Food Inspections must be followed.
  6. Reinspections, Follow Up Inspections, Compliance and Enforcement
  7. Follow FOOD.30.02 SOP to determine when a Reinspection or Follow Up inspection. Consult with your supervisor as needed.
  8. When any enforcement action is initiated, e.g. administrative meeting or any resulting fines, legal action, etc. the Department of Public Safety should also be notified of the situation by the supervisor.
  9. Resources
  10. Within FFSD include
  11. MDA Construction Guide
  12. Fact Sheets
  13. Questions to DPS – contact Lowell Urban or Barb Krech (please do not contact DPS directly, other than a DPS Inspector in regards to the status of a specific firm)
  14. MDA
  15. Minnesota Value Added Grant Program – Contact Ann Kuzj 651-201-6028
  16. Private Industry/Associations
  17. Minnesota Grape Growers Associationmngrapes.org Irv Geary 715-417-2562
  18. Minnesota Farm Winery Association, mnwine.org Tami Bredeson 320.846.5443
  19. Various independent consultants
  20. DPS
  21. Public information database
  22. DPS Inspectors -
  23. Communication to Food, Industry/operators
  24. Food Inspectors, Compliance Officers and Supervisors have been provided this work plan and its related documents by January 15, 2016
  25. Winery owners and operators were provided information about licensing and requirements by June 30, 2015.Firms licensed by DPS after that date were provided with this information in January 2016.
  26. Timeframe for Implementation/Completion of Initial Inspections
  27. Work Plan shall be implemented beginning February 16, 2016; after that time inspections may be conducted
  28. Initial Inspections of each facility must be completed byJuly 1, 2016 , unless otherwise approved by your supervisor.

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