Updates on disinfection, container refill and reuse, food defense, food safety management systems/active managerial control, ill employee return to work, and sushi rice acidification were all included in FDA’s November 4 publication of the Supplement to the 2022 Food Code.
Although the provisions of the U.S. Food Code and its supplements are not regulation, they provide a model for retail food regulations for the states, District of Columbia, and other territories. In brief, the updates on these areas focused on:
- Disinfection is redefined as “the application of a substance, or mixture of substances, that destroys or irreversibly inactivates bacteria, fungi, and viruses, but not necessarily bacterial spores. Adding new provisions addressing disinfection of food contact, nonfood-contact and equipment surfaces.” Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils shall be disinfected in accordance with the EPA-registered label use directions when pathogens of concern are not controlled by available sanitizers, such as when contaminated with vomitus, fecal matter, blood, or any other bodily fluid that can lead to disease transmission or during a foodborne disease outbreak or imminent health hazard. Food-contact surfaces are to then be rinsed with potable water, unless otherwise specified on the EPA-registered label use directions. (4-1001-1003)
- The supplement expands and clarifies Container Refill and Reuse, stating that containers may be refilled with food by an employee or the consumer, if the container is designed and constructed for multiuse (4-101.11, 4-201.11, 4-202.11); is properly cleaned and sanitized (4-601.11, 4-602.11, 4-701.10-11, 4-703.11) prior to refilling; and is visually inspected by a food employee to verify that it meets requirements for use. Additionally, containers are to be refilled in a contamination-free transfer process and handled to prevent direct contact with food-contact surfaces; and food-contact surfaces are cleaned and sanitized.
- Food Defense is added and defined as “the effort to protect food from acts of intentional adulteration or tampering. Addressing food protection with new provisions that improve awareness of food defense measures.” Although intentional adulteration is uncommon, there have been several such events in food establishments, and the consequences can be impactful. Thus, it is now required that employees be aware of food defense, but the provision allows flexibility in the development and implementation of operational-specific programs. Examples of topics to consider are: understanding food defense and how it differs from food safety, understanding their role and importance, identifying signs of potential suspicious activities or threats, and actions they should take if a suspicious activity or threat is identified.
- The supplement extensively builds out the concepts of Food Safety Management Systems and Active Managerial Control defining the terms and including new requirements. In short:
- Food safety management system (FSMS) is defined as a specific set of actions taken by the employee to prevent foodborne illness risk factors based on the type of operation, food preparation, and foods prepared. It includes written procedures, training plans, and monitoring records. FSMSs will vary among food establishments because they are based on the specific operations each, but within 4 years of the regulatory authority adoption of this Code, each establishment is to have a written FSMS, that is based on the requirements of 2-103.11; implemented during all hours of operation; and made available to the regulatory authority upon request. To help accomplish this, the supplement provides references to USDA HACCP-based food safety management tools, including a workshop to aid in writing, updating, and revising a HACCP-Based Food Safety Plan; and Food Safety SOP Resources that incorporate HACCP-based Standard Operating Procedures. (Further details on page 31 of the supplement.)
- Active Managerial Control means the purposeful incorporation of specific actions or procedures by industry management into the operation of their business to attain control over foodborne illness risk factors, through a preventive approach to food safety with monitoring and verification. Understanding that any individual in areas where food and food-contact items are exposed presents a potential contamination risk, the person in charge is responsible for controlling who is allowed in those areas; when visits are scheduled; and assuring that all authorized persons (e.g., delivery, service personnel, etc.) comply with the Code. The supplement also adds a provision that the person in charge ensures that employees are aware of food defense and report suspicious activity (as detailed above). (2-103.11)
- The supplement updates Testing Requirements For Reinstatement of Employees diagnosed with an infectious illness, with requirements for full return to work differing for symptomatic, diagnosed employees and symptomatic, undiagnosed employees. In brief, the undiagnosed employees may be allowed to return to work in a full capacity 24 hours after symptoms resolve. However, diagnosis with a listed pathogen invokes additional requirements for return to work. One key change is that medical clearance detection of Shiga-toxin producing E. coli, Shiga-toxin producing species, and nontyphoidal Salmonella stool culture tests have largely been replaced by culture-independent diagnostic tests (CIDT). While these have a higher degree of specificity and are generally much faster than culture-based tests, they also are more likely to have false positives than false-negative results, since they capture all microbes, including the non-viable. Additionally, reinstatement of asymptomatic employees diagnosed with Norovirus, Shigella spp., E. coli O157:H7 or other STEC may only work on a restricted basis 24 hours after symptoms resolve and only if the food establishment does not serve a highly susceptible population; and they remain restricted until they are medically cleared or otherwise meet the criteria of 2-201.13.
- The supplement also included a section on Sushi Rice Acidification (Annex 6) addressing risks and controls and reference to a Guidance Document for Retail Sushi HACCP Standardization to supplement the templates and guidance provided for acidified rice that are part of the CFP-developed Guides and Documents. The goal of this guidance is to help jurisdictions achieve a more standardized review of HACCP Plans.
Full information on each of these is available in the noted sections of the Supplement. Because the 2002 Food Code, with the 2024 Supplement added, is over 700 pages, and requirements can vary by state, compliance can be quite complex. But you don’t have to go it alone! TAG has retail, foodservice, and Food Code experts who can help. Give us a call today!
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