Health Department Defends Citation of St. Vincent dePaul

The mayor's office and Common Council members have received dozens of letters, emails and phone calls concerning the enforcement by Middletown's Health Department of a statute which prohibits the distribution of food not prepared in licensed kitchens, to the public.

The statute was initially cited as the reason for arresting members of Food Not Bombs for distributing food in a shared meal each Sunday on the corner of Main and Liberty Streets.

In defending the Health Department actions Health Department official Sal Nesci wrote a letter to Middletown official making the timeline of actions of his department clear, defending an accusation that the health department cited St. Vincent dePaul Soup Kitchen because its director, Ron Krom, spoke in defense of Food Not Bombs at a state Health Department hearing.

Nesci also states that the city, meaning the Common Council, does not have the ability to create a statute that would supersede state law.

Additionally, Nesci emphasizes the importance of food safety in light of "our national security post-911" indicating that allowing to be served to the needy from unlicensed kitchens could be linked to "agro terrorism" and would minimize efforts to maintain "homeland safety and security."

Nesci also notes that "the entire situation has been blown way out of proportion" and that the issues is "small in comparison what the media and blogs have turned it into."

The entire letter can be read below:

Gerry/Tim/Mayor/Council...

I do understand that you all have been getting lots of calls and emails about the alleged cease and desist order issued to St. Vincent DePaul Place. First of all, I want to make it clear that it is with the most heavy of hearts that I, as well as Dr. Havlicek and Manfred Rehm of the Health Department, had to put our signature on a legal notice to St. Vincent DePaul. A legal notice is not a cease and desist order. It is a written notification following an inspection or investigation resulting in the discovery of a violation. It allows the individual two weeks to seek a modification of the said practice in order to assure state compliance. Failure to comply usually results in the issuance of a legal order...for food service its usually 30 days. Failure to comply with the legal order usually results in the revocation of the license or abatement of the violation.

For the record:

• The health department was never aware that the soup kitchen was open on Sunday's until about a month ago. In fact Inspector Rehm was told on numerous occasions that the soup kitchen is only open Monday through Friday. He has been told that by Ron Krom for several months.
• The health department was never aware that the one meal that was served on Sunday nights was provided by area churches under the supervision of a soup kitchen staff member.
• The health department was never aware that a portion of this Sunday night meal was prepared in private homes and transported to the soup kitchen.
• When we were made aware that this activity was possibly happening, we approached Ron Krom to ask if it is true and he stated to us that he has a criteria he uses to assure food coming in on Sunday night meets state code requirements and to the best of his knowledge it does. I stated to him that if that is the case than he is to continue his current practice and we as a health department will work with the area churches to educate them on proper donation procedures.
• The health department then sent a memo to all area churches reminding them that all charitable contributions made in the name of their organization should be that of non perishable food or food prepared in their licensed kitchens.
• At a recent hearing at DPH regarding Food Not Bombs, Mr. Krom was called as a witness and gave sworn testimony that he does in fact receive a portion of his Sunday night meal from private home kitchens which is in violation of the state health code. In fact he gave very specific examples of certain foods he receives from private kitchens on a regular basis.
• Because of the statement he made, we were required by virtue of the professional licenses we hold to confirm this and take appropriate steps to assist in the modification of the current practice. The very next day, Inspector Rehm visited Mr. Krom and Mr. Krom re-affirmed the statements he made in his sworn testimony the day before.
• The notice sent does not pertain to the general operations of the facility Monday-Friday. It is only relative to a small percentage of the food distributed on Sunday night.

To the issue of discretion:

• As we understand it, we are only talking about a percentage of the Sunday night meal in question. Relative to that, we believe that a viable solution would be to encourage donors continue using the licensed kitchens at their churches and to donate commercially prepared and prepackaged food that could be heated and served on the premises whereby eliminating the issue of cooking in their own homes. As we understand it, many churches already donate commercially prepared and prepackaged food to the soup kitchen. We are willing to work with any group that cannot readily comply and come to a code compliant resolution to anyone organizations concern and willingness to feed the hungry.
• We are in no way intending on revoking the license of St. Vincent DePaul. If we are put in a position where further code enforcement is required, we would only be seeking to curtail the distribution of food during the Sunday night program in that we need to assure that home cooked food is not distributed.

Other:

• The health department is not looking to shut down thanksgiving and/or Christmas dinners. We are willing to work with any organization to make sure that there is a way to cook all turkeys. Just off the top of my head, we could utilize fraternal organization kitchens, school kitchens, church kitchens and restaurant kitchens. We just need to know how many turkeys need to be cooked.
• The Middletown health department values the security and safety of food distribution. It is our belief that the hungry and homeless of our community deserve the same rights and privileges in a free meal as paying customers at a restaurant do. All restaurants are inspected for compliance of their general practices regularly and that food is acquired from approved sources. Shouldn't the patrons of St. Vincent DePaul on Sunday nights receive the same consideration? That goes to the same position with Food Not Bombs?
• Any resolution or change to current city ordinance regulating the distribution of food and beverage cannot supersede current state statute or health code.
• Food safety and security has taken a front line position in our national security post 9/11 and much time, energy and money have been spent in the way of agro terrorism. To compromise our interpretation of code regulation, we are minimizing state and federal efforts of homeland security and safety.

***We had a very productive meeting this morning with Peter Harding, who as you know is the former director of St. Vincent DePaul. He is willing to work with us to achieve compliance. It is his understanding, as it is ours, that the entire situation has been blown way out of proportion and the issue we are dealing with in this legal notice is small in comparison to what the media and blogs have turned it into. He has assured me that together we will come to and understanding where we will be able to put this issue to rest without compromising the mission of the soup kitchen as well as our professional integrity. My spirit is strong in this regard and we will work to do what ever we can to make this happen. I will keep you posted.