IDOC/ISCC IGNORING STATUTES AND IDAHO ADMINISTRATIVE PROCEDURES ACT REGULATIONS REGARDING FOOD SERVICE AND FOOD HANDLING INSPECTIONS
According to Idaho Department of Correction (IDOC) Standard Operating Procedures (SOP) 404.02.01.001 (Food Service Management), all IDOC food service operations [which include all prison facilities, work camps, etc.] must meet annual license and inspection requirements for food establishments as described in Idaho Code §39-1604 and the Idaho Department of Health and Welfare's IDAHO FOOD CODE as detailed in the Idaho Administrative Procedures Act [IDAPA] section 16.02.19 (et. seq).
They don't.
In case there is any question as to the applicability of these rules, procedures and standards for the provision of safe, unadulterated and honestly presented food for consumption in Idaho prisons, IDAPA 16.02.19.03(b) answers that by specifically designating "correctional facilities" as food establishments subject to the rules.
In response to a July 17, 2023 Public Records Request (ID# DS-00069)*, the Idaho Department of Health and Welfare (DHW) officially declared that there were no records of any inspections of food service facilities at the ISCC between January 1, 2020 and July 17, 2023**, despite requirements by the two separate agencies to do so.
Inspections of specific types of food service establishments (including the ISCC) by the DHW are required to be performed at least once a year (IDAPA 16.20.19.840.01). According to IDAPA 16.02.19.006.02, [completed] inspection reports are public documents and are available for public disclosure to any person who requests the report pursuant to the Idaho Public Records Act.
Per IDAPA 16.02.19.110.17, food service areas at most IDOC facilities (including the ISCC) are - by DHW definition - "high risk" food establishments. Pursuant to this section of the act, a high-risk food establishment performs the following operations:
a. Extensive handling of raw ingredients
b. Preparation processes that include the cooking, cooling and reheating of time/temperature control for safety (TCS) foods or
c. A variety of processes requiring hot and cold holding of time/temperature control for safety (TCS) foods.
The ISCC food service areas performs each and every one of these operations daily.
[Author's Note: Whether or not the ISCC (or other IDOC facilities) actually hold current/valid food establishment licenses as required by both statute and the IDAPA is not clear at this point as I have not yet made those determinations through agency records.]
In addition to ISCC Food Service facilities holding food for consumption by staff and the prisoner population received from what are (presumably) vetted vendors/sources, food service staff are also holding special foods brought into the facility by other means, including uncooked meats (steaks, ground meats, ribs, etc.) for privileged (American Legion associated) inmates to cook themselves in their special cooking area outside the food service domain, further violating IDAPA and statutory requirements and restrictions on food preparation and handling.
The IDOC is not exempt from the same rules and regulations required of any other Idaho establishment which requires licensing to prepare and serve food (such as it is). In fact, the IDOC, as a state agency, has even more of a responsibility to ensure that consumers of food in prisons (staff and prisoners alike) are not exposed to adverse health conditions arising out of the operation of their kitchens, to adhere to state and federal law and duly promulgated regulations.
If you have concerns regarding the information contained within this post, you might contact the Idaho Department of Health and Welfare at (208) 334-5564 or online at www.dhw.idaho.gov. You can also contact the IDOC Dietary Services Manager Jessyca Tyler-Leekley by email at jesstyle@idoc.Idaho.gov or by phone at the IDOC Central Office (208) 658-2000.
* DHW AGENCY RECORDS REQUESTED:
All Inspection Reports (as described in Chapter 19 Idaho Food Code of Title 02, IDAPA Section 16: IDAHO DEPARTMENT OF HEALTH AND WELFARE) of the Food Service areas at the Idaho State Correctional Center (ISCC) located at 14601 S. Pleasant Valley Rd. Kuna, ID 83634 completed between January 1, 2020 and the date of receipt of this public records request by this government agency.
** DHW AGENCY RESPONSE
Your public records request received on 7/17/2023 has been processed. There are no public records that are responsive to this request. See the definition of "public record" at Idaho Code Section 74-101(13).