Food vendor can't stomach health rules

Shady Cove man cites high fees, inspection inconsistencies

By J.T. BUSHNELL

The Jackson County Health Department's food licensing policies have turned the lemonade-and-pickle man sour.

Charlie Russell of Shady Cove says he has sold lemonade and pickles at fairs and events in every corner of the United States for the last 50 years. He recently moved to Shady Cove and decided to focus on Jackson County.

Russell is incensed that the county treats food stands of nonprofit groups differently from those of professionals. He is so upset that he will no longer offer his services at Jackson County events, including the fair.

Russell must pay as much as $160 for temporary restaurant licenses while nonprofit organizations can operate food stands at the fair free of charge.

Hank Collins, director of Jackson County Health and Human Services, said Oregon Revised Statutes state that benevolent organizations shall not be charged for food licenses. That includes organizations like Boy Scouts, Lion's Club and Kiwanis.

Russell also claims the county does not maintain high standards in inspecting nonprofit food stands.

"We have to establish a set of fees that are the same for everyone, whether it's the Boy Scouts or Microsoft," he said. "And everyone needs their food handler card."

Gary Stevens, who is in charge of food licensing in Jackson County, admitted the health department often does not inspect food stands run by nonprofit organizations. Instead, it offers a consultation and requires one person at the stand to have a food handler permit.

To Russell, that is both unfair and unsafe.

"We positively know it is a health risk to have kids who are 8 or 12 or 14 exempted," he said, referring to the volunteers that often work at the food stands of nonprofits. "They're amateurs; they're the ones who are going to make mistakes."

Russell believes it is unfair that the county charges him $80 per stand to inspect what he sees as processes that are necessarily sanitary - pouring lemonade and serving pickles.

"I buy the product from a company called Pepsi-Cola," he said. "It's in a sealed container. I use only city tap water from a spigot. It doesn't get any more sanitary than that."

He said his pickles come from factory-sealed buckets.

Stevens said the $80 fee is required to compensate the expense of the inspections.

Russell said it rarely takes more than a few minutes to inspect his operation and that $80 is unreasonable.

"That's not reimbursement, it's profit," he said.

Bill Olson, manager of Josephine County Environmental Health, said Josephine County charges $35 for one-day licenses and $50 for multi-day licenses. He also said that covers the bulk of costs.

Russell further complained that discounts for nonprofits, such as the free temporary restaurant licenses, make it impossible for professionals to compete with their prices.

"All I want is a level playing field," Russell said. "Otherwise, our industry won't survive.

Collins said the system is clearly set up to benefit nonprofits and that's a reasonable arrangement.

"Nonprofit organizations are out there struggling with a volunteer staff to make money for different organizations," he said. "Vendors are out there to make a buck."

Reach reporter J.T. Bushnell at 776-4487.

 

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