“Thank Goodness for the Food Police!”
Thursday, February 11th, 2010That was the terse comment of another underground food maker, who emailed me the link to this post on the Chicago Tribune’s food blog, entitled “Health Department destroys thousands of dollars of local fruit.”
The author of this excellent post, Monica Eng, happened to be on hand for the Health Department inspection because of a story she is writing “on how well the city is adapting to Chicago’s evolving culinary scene full of niche caterers, small batch food artisans, specialty pastry chefs and supperclubs.” As she notes, “Many of these businesses are in the incubation stage and rely on rented kitchen space in communal kitchens.”
Based on what she saw and recorded last Thursday night, the response of the authorities seems to be to do what they can to kill such small businesses in the womb, as the Health inspectors seized one business’s inventory of frozen fruit purées (all made from fruit purchased from Green City Market farmers), slashed the bags open, dumped them in a trash can, and poured bleach on them to ensure no one could eat them.
What was so wrong with this food? Was it unsafe to eat? The Health Inspectors had absolutely no reason to suspect that. In fact, all the fruit purées had been prepared in this communal kitchen, which is certified by the Health Department, and prepared by the owner of this small business, Flora Lazar, who is certified by the state of Illinois as a food sanitation manager. So what warranted such drastic action?
The problem was that she had prepared all this food while she spent months wrestling with the city bureaucracy to issue her a business license. Because the city had already issued a license to the owner of the communal kitchen, she was repeatedly told that she could not be licensed to operate a business at the same address (even though this is directly contrary to the stated policy of the Department of Business Affairs). Trying to do everything by the book, Lazar persisted, enlisted the help of her city Alderwoman, finally got permission to apply for a separate license, paid her $600 fee, and scheduled the inspection by the Health Department as the final step in the arduous process of getting approved to operate her business. Because all this fruit had been prepared before she had the piece of paper licensing her to do so, it had to go.
But it wasn’t enough just to ban this fruit from the kitchen. When Flora was told that all this fruit (puréed without a license!) could not be used in the food prepared by her business, she tried to give it to her son to take home for their private use at least. The response of the Health inspectors was to call the cops to forcibly take back the fruit from him so that they could destroy it. When the food makers pleaded with inspectors to donate the food to the Greater Chicago Food Depository instead of just wasting it, their request was denied. (Get real! We can’t have people in hunger eating safe food, prepared by someone to whom we gave the runaround instead of a license!) Finally, as Flora’s son Harry lays out in the Comments section, they put the Health inspector in direct contact with Flora’s Alderwoman, who “was frantically trying to reach the city health commissioner” to see if a less drastic resolution could be reached. Since the inspectors were planning to revisit the kitchen anyway, they all pleaded with them to leave the food in the freezer and not to do anything irreversible until these appeals and other options had been considered. The response of the inspector in charge was that he must destroy the food immediately.
Now that Flora’s had her “inspection,” she can probably get her license and go into business, except that – oh, right – the process of getting approval resulted in the destruction of her entire inventory of “irreplaceable” local fruits, worth more than $6000. As “a despondent Lazar” is quoted as saying, “This puts me out of business for six months.” As Monica Eng points out, if Flora had simply kept this food out of the kitchen until after the inspection, no one would have been the wiser. But because she was open about what she had done and tried to play by everyone’s rules, she now finds herself completely screwed. Welcome to the “the city that works!”
As if all this weren’t enough, the owner of the communal kitchen was recently told by a representative of the Department of Business Affairs that any violation by one business using the kitchen would result in fines for everyone using the facility. As the owner said, “That’s like giving everyone in the car their own ticket when a driver is stopped by the police.” Such a ruling – that sharing a kitchen entails shared liability – if it holds up, would probably be enough to kill the whole communal kitchen enterprise. Who’s going to shell out money to rent space in a kitchen, if they can be fined for the practices of people they don’t even interact with or if they might suddenly find all their food confiscated and destroyed because of what someone else has done? And if communal kitchens are put out of business by such action, then micro- or nano-businesses like Flora’s, trying to use local foods, will either never start up or will be forced underground.
As quiet and undramatic as this video footage is, it captures nothing less than a holocaust of local food.
Mike Sula has written
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