One of several intimidation tactics Chesterfield county has used is sending a building inspector to the farm, finding as many potential code violations and sending me a letter of defect. It just so happens this is the most pressing matter for me now as they have threatened to take further action against me if I did not respond in 15 days. I am already a few days late. I have just been so busy.
Below is a copy of the letter of defect to which I need to respond. As I begin to draft the letter I am using the BS method taught to me in High School. (1) First we need a bold statement (BS), (2) then we need a list of VALID reasons to back up the statement. (3) Then a nice summary paragraph.
For now here is the letter of DEFECT the County sent me. I'll post the draft response letter soon and share before I send out. The defect letter below appears pretty standard. The defect letter itself is not the problem I have. It is how the county went about obtaining these violations, and other tactics they are employing at the same time which in totality appear to be a coordinated attack against the local food movement. When you read the response letter I am working on my overall concerns will be laid out better for you to understand.
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According to a 2016 USDA survey Virginia is ranked 9th in the nation for local food sales. Direct sales in urban areas and cities account for 71% of the sales. Cottage Industry food law has allowed small farms and residences to add value to agricultural products grown locally or onsite for certain low risk foods in Virginia for years (pickles, baked goods, etc.) which has greatly contributed to the economic impact of the local food movement in Virginia . On July 1, 2013 an amendment to § 3.2-5130 of the Code of Virginia went into effect that expanded the types of prepared foods individuals can make and sell from their homes or at farmers markets without VDACS inspection including certain low risk foods and acidified vegetables. A bill introduced into the 2014 session of the Virginia House of Delegates would have given cottage industry and the local food movement much more freedom. Delegate Robert Bell (R-Charlottesville) wanted to completely exempt homes and farms with 10 or fewer full-time employees from Virginia food laws. Bell’s proposed cottage food law would require labels stating that the products were made without state inspection. Virginia’s restriction for cottage foods to at-home or farmer’s markets sales would be lifted. While this bill did not pass it is further evidence of the political and public support for the local food movement in Virginia and what is to come. In recent years state lawmakers have made it easier to make and sell cottage foods from home kitchens in as many as 40 states.The potential for this industry to continue growing and to spark economic growth in blighted neighborhoods and food deserts at the urban-rural interface, as well as urban and inner cities is exciting for Virginia. It could greatly improve the quality of life and vibrancy of depressed areas. As with any new industry (or one that is being brought back in this case) there are always hurdles and confusion regarding implementing laws and regulations. It becomes more complicated and daunting with local zoning, state department of health, etc...some of which apparently are not even aware of cottage food law (personal experience). It can be hard for small farmers and other cottage industry businesses to know exactly what they are able to do within the laws, and there are different interpretations and just a general lack of knowledge on cottage food law in Virginia. To help the local food movement reach its fullest economic potential were are documenting our journey to help others. We hope this blog will help and encourage various state, county and local agencies to come together to create awareness of the local food movement and cottage law is integral. Additionally, bringing these groups together to discuss issues occurring in the field and how to balance county codes, health department interpretation in laws while allowing our citizens to help their communities reach their full potential. Awareness of the movement and awareness of hurdles that could slow economic development will be an essential first step as this movement races on in our communities.
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