HomeMy WebLinkAbout2017 Apr 19 - Notice of Non-Compliance and PhotosTOWN OF HARWICH
BOARD OF HEA L TH
732 Main Street Harwich, MA 02645
508-430-7509 — Fax 508-430-7531
E-mail: healfhra ,,)town, harwichma, us
April 19, 2017
Barry Dino Vipr-ino
35 Chatham Rd
Harwich, MA 02645
RE: RESILIENT FAMILY FARMS, 35 CHATHAM RD, HARWICH
Dear Mr. Viprino.
Please be advised that the following practices are in violation of 1-larwich Board of Health and Massachusetts
Department of Public Health standards-.
1. Operation of an unlicensed piggery
2. Wholesale food sales- prodiict has been identified for sale at Peterson Market, Route EA, Yarmouth, MA_
"Phis information has been forwarded to the Yarmouth Health Dept and MDPH- Food Protection Program
for enforcement.
3.
Manure Management not in accordance with agricultural best management practices
You are hereby ordered to immediately "cease and desist' the wholesale food operation, operation of a piggery,
and, to immediately comply with best management practices for manure. Please be advised that failure, to comply
with this notice may result in court action and/or a fine.
You have a right to a hearing before the Board of Health to show- cause why this order should be modified or
withdrawn. Such request must be in writing and received within 7 days of this notice. You have the right to have
request and view any reports pertaining to this investigation at this office and to be represented by legal counsel
before any hearing.
I would like to take this opportunity, to summarize the ongoing conversations we have had concerning the operation
of agricultural practices at property owned or controlled by you at 35 Chatham Rd, Harwich, MA Assessors Map
42 Parcel C-1. During initial discussions of August 2016 with the Community Development Inspection Team,
several items were identified as being instrumental to complete:
• verification as an agricultural operation, subject to the provisions and exemptions of MGI... Chapter 128
IA
• the development of a farm operation plan approved by USDA
• Compliance with the outstanding orders issued by the Harwich Conservation Commission for operating
within a buffer zone of a wetland.
Also at our initial meetings we discussed that there would be evolving issues under the jurisdiction of the Board of
Health We understand that the items outlined above are complex and have taken much longer to resolve than
originally anticipated. As the operations at Resilient Family Farm continue to expand, it is apparent that we need to
reiterate and address some of the items subject to Board of Health (BOO) and Massachusetts Department of Public
Health (MDPH) Regulations:
4 2017 Town of Harwich Retail Food Permit- to allow retail sales of pre -packaged items from the freezer at
this location only. Animals are slaughtered, prepared and packaged at a USDA approved facility and
properly labeled. Reminder -this location only- an additional permit is required from each local BOH to
participate in area Farnier's Markets.
0 Mobile Poultry Processing Unit- a unit and associated equipment on site does not have an approved
operations plan and permits. Reminder- operation of this unit requires a 2-step approval process involving
the local BOH and MDPH. Refer to JV-fDPI.,I Food Protection Program guidance document FP-08.
0 2017 Town of Harwich Stable Pen -nit- Residential- to allow the keeping of horses. Permit is classified as
residential and allows 3 horses.
o Manure management program- manure is to be composted on an impervious clay storage area
using "agricultural best management practices". Numerous complaints have been received
concerning the management of this pile. We need to revietv practices and procedures. observations
Qfi,un(?ff and erosion; growth of pile beyond impervious laver; exposed to elements
0 Piggery -The breeding and keeping of swine other than for personal consumption is a noisome trade and in
accordance with MGL Chapter I I I § 143 requires a site assignment and a public hearing before the
Harwich BOH. Reminder: this seas brought to your attention in astringr of emails September 2016
* Wholesale food sales- requires a wholesale food permit from MDPH-in Accordance with M.G.L. C.94, §
305C and/or 105 CMR 500.000 , Reminder: this was brought to your attention in a string of'emails
September 2016
Sincerely,
Paula J. Champagn , RS, CHO
Health Director
Certmail -4Y lol'5- ' 46. 000t, Ono, 31,72,
Enc.-
Photo of product sales 4-14-2017
Cc:
Yarmouth, BOO
MDPII- Food Protection Proignxn Sc-Ct A
K-P Law
Harwich Town Administrator
Harwich Conservation Commission
Photos taken. 4-14-2017 at Peterson's Market, RT 6A, Yarmouth Ma
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