Item #1 - Revised requirement for the Person in Charge (PIC) to be a Certified Food Protection Manager (CFPM) (Section 2-102.12)
What’s changed – in the 2013 version, section 2-102.12 specifies that one person within the operation be a certified person. The update removes the 'one person' but puts in that the person in charge is teh certified person. The change makes the regulation less prescriptive, so instead of saying at least one person, now it says whoever has the duties of the person in change (2-103.11), that person has to be certified. This may make it easier for small multi-unit operations to comply.
Item #2 - Added a new section that addresses the use of bandages, finger cots or finger stalls (Section 2-401.13)
What’s new – This section was added into the code. While covered in the ServSafe training, covering a wound on the hand is now detailed in the regulation - the wound is covered by bandage or cot (or stall) and then covered by a glove. (A finger cot and stall are essentially the same, but a stall generally refers to a finger covering that has a support back to the wrist).
Item #3 Harmonized cooking time/temperature parameters for intact and non-intact meat and poultry in accordance with guidance from the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) (Section 3-401.11)
What's changed - There are two significant changes here - the first is the dwell time for ground meat, injected meat, mechanically tenderized meat - it is 155ºF for 17 seconds, instead of 15 seconds. The second is for poultry and stuffed meat - the temperature is 165ºF is an instantaneous time, instead of of what is listed in the earlier versions as 15 seconds.
Item #4 Updated procedures for retail food establishment operations to continue during an extended water or electrical outage if a written emergency operation plan has been pre-approved by the Regulatory Authority, immediate corrective action taken and the Regulatory Authority has been notified upon implementation of the plan (Section 8-404.11)
What's changed - More detail was added to the regulation about continuing operation when an outage of electrical or water service is encountered. It gives the regulatory authority and the operator means of writing and approving a plan provided there is no risk.
The specific sections are covered below showing impacted sections of the regulation.
FDA Constituent Update
LINK To Announcement
FDA Releases 2017 Food Code
February 12, 2018
The U.S. Food and Drug Administration announced today the release of the 2017 edition of the FDA Food Code, a model regulation that provides all levels of government and industry with practical, science-based guidance and manageable provisions for reducing the known risks of foodborne illness.
The Food Code is a key component of the Federal public-health focused framework for maintaining a safe food supply. It represents FDA's best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service, and has been widely adopted by state, local, tribal and territorial regulatory agencies that regulate restaurants, retail food stores, vending operations and food service operations in schools, hospitals, nursing homes, and child care centers.
The 2017 Food Code provides uniform standards for retail food safety, eliminates redundant processes for establishing food safety criteria, and establishes a more standardized approach in controlling food safety hazards within a retail environment.
Significant changes to the 2017 Food Code include the following:
• Revised requirement for the Person in Charge (PIC) to be a Certified Food Protection Manager (CFPM) (Section 2-102.12)
• Added a new section that addresses the use of bandages, finger cots or finger stalls (Section 2-401.13)
• Harmonized cooking time/temperature parameters for intact and non-intact meat and poultry in accordance with guidance from the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) (Section 3-401.11)
• Updated procedures for retail food establishment operations to continue during an extended water or electrical outage if a written emergency operation plan has been pre-approved by the Regulatory Authority, immediate corrective action taken and the Regulatory Authority has been notified upon implementation of the plan (Section 8-404.11)
The 2017 edition reflects the input of regulatory officials, industry, academia, and consumers that participated in the 2016 meeting of the Conference for Food Protection (CFP). Collaboration with the CFP and our partners at the USDA-FSIS and the Centers for Disease Control and Prevention helps ensure the Food Code contains sound requirements that would prevent foodborne illness and injury and eliminate the most important food safety hazards in retail and foodservice facilities.
Members of FDA’s National Retail Food Team are available to assist regulatory officials, educators, and the industry in their efforts to adopt, implement, and understand the provisions of the FDA Food Code and the Retail Program Standards. Inquiries may be sent to retailfoodpolicyteam@fda.hhs.gov or directly to a FDA Retail Food Specialist located across the country.
The 2017 FDA Food Code is available on the FDA website at http://www.fda.gov/FoodCode.
REVIEW OF UPDATED CHANGES AND IMPACTED SECTIONS OF THE REGULATION
Item #1 - Revised requirement for the Person in Charge (PIC) to be a Certified Food Protection Manager (CFPM) (Section 2-102.12)
What’s changed – in the 2013 version, section 2-102.12 specifies that one person within the operation be a certified person. The update removes the 'one person' but puts in that the person in charge is the certified person. The change makes the regulation less prescriptive, so instead of saying 'at least one person', now the regulation says whoever has the duties of the person in change (2-103.11), that person has to be certified.
The regulation
2-102.12 Certified Food Protection Manager
(A) The PERSON IN CHARGE shall be a certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED PROGRAM.
Item #2 - Added a new section that addresses the use of bandages, finger cots or finger stalls (Section 2-401.13)
What’s new – This section was added into the code. While covered in the ServSafe training, covering a wound on the hand is now detailed in the regulation - the wound is covered by bandage or cot (or stall) and then covered by a glove. (A finger cot and stall are essentially the same, but a stall generally refers to a finger covering that has a support back to the wrist).
The Regulation
2-401.13 Use of Bandages, Finger Cots, or Finger Stalls
If used, an impermeable cover such as a bandage, finger cot or finger stall located on the wrist, hand or finger of a FOOD EMPLOYEE working with exposed FOOD shall be covered with a single-use glove.
Item #3 Harmonized cooking time/temperature parameters for intact and non-intact meat and poultry in accordance with guidance from the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) (Section 3-401.11)
What's changed - There are two significant changes here - the first is the dwell time for ground meat, injected meat, mechanically tenderized meat - it is 155ºF for 17 seconds, instead of 15 seconds. The second is for poultry and stuffed meat - the temperature is 165ºF is an instantaneous time, instead of of what is listed in the earlier versions as 15 seconds.
The Regulation
3-401.11 Raw Animal Foods.
(A) Except as specified under ¶ (B) and in ¶¶ (C) and (D) of this section, raw animal FOODS such as EGGS, FISH, MEAT, POULTRY, and FOODS containing these raw animal FOODS, shall be cooked to heat all parts of the FOOD to a temperature and for a time that complies with one of the following methods based on the FOOD that is being cooked:
(1) 63oC (145oF) or above for 15 seconds for: P
(a) Raw EGGS that are broken and prepared in response to a CONSUMER'S order and for immediate service, P and
(b) Except as specified under Subparagraphs (A)(2) and (A)(3) and ¶ (B), and in ¶ (C) of this section, FISH and INTACT MEAT including GAME ANIMALS commercially raised for FOOD as specified under Subparagraph 3-201.17(A)(1) and GAME ANIMALS under a voluntary inspection program as specified under Subparagraph 3-201.17(A)(2); P
(2) 68oC (155oF) for 17 seconds or the temperature specified in the following chart that corresponds to the holding time for RATITES, MECHANICALLY TENDERIZED, and INJECTED MEATS; the following if they are COMMINUTED: FISH, MEAT, GAME ANIMALS commercially raised for FOOD as specified under Subparagraph 3-201.17(A)(1), and GAME ANIMALS under a voluntary inspection program as specified under Subparagraph 3-201.17(A)(2); and raw EGGS that are not prepared as specified under Subparagraph (A)(1)(a) of this section: P
The Regulation
3-401.11 Raw Animal Foods.
(A) Except as specified under ¶ (B) and in ¶¶ (C) and (D) of this section, raw animal FOODS such as EGGS, FISH, MEAT, POULTRY, and FOODS containing these raw animal FOODS, shall be cooked to heat all parts of the FOOD to a temperature and for a time that complies with one of the following methods based on the FOOD that is being cooked:
(1) 63oC (145oF) or above for 15 seconds for: P
(a) Raw EGGS that are broken and prepared in response to a CONSUMER'S order and for immediate service, P and
(b) Except as specified under Subparagraphs (A)(2) and (A)(3) and ¶ (B), and in ¶ (C) of this section, FISH and INTACT MEAT including GAME ANIMALS commercially raised for FOOD as specified under Subparagraph 3-201.17(A)(1) and GAME ANIMALS under a voluntary inspection program as specified under Subparagraph 3-201.17(A)(2); P
(2) 68oC (155oF) for 17 seconds or the temperature specified in the following chart that corresponds to the holding time for RATITES, MECHANICALLY TENDERIZED, and INJECTED MEATS; the following if they are COMMINUTED: FISH, MEAT, GAME ANIMALS commercially raised for FOOD as specified under Subparagraph 3-201.17(A)(1), and GAME ANIMALS under a voluntary inspection program as specified under Subparagraph 3-201.17(A)(2); and raw EGGS that are not prepared as specified under Subparagraph (A)(1)(a) of this section: P
|
Minimum Temperature °C
(°F)
|
Minimum Time
|
|
63 (145)
|
3 minutes
|
|
66 (150)
|
1 minute
|
|
70 (158)
|
< 1 second
(instantaneous)
|
(3) 74oC (165oF) or above for < 1 second (instantaneous) for POULTRY, BALUTS, wild GAME ANIMALS as specified under Subparagraphs 3-201.17(A)(3) and (4), stuffed FISH, stuffed MEAT, stuffed pasta, stuffed POULTRY, stuffed RATITES, or stuffing containing FISH, MEAT, POULTRY, or RATITES.
(B) Whole MEAT roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked:
(1) As specified in the following chart, to heat all parts of the FOOD to a temperature and for the holding time that corresponds to that temperature:
(B) Whole MEAT roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked:
(1) As specified in the following chart, to heat all parts of the FOOD to a temperature and for the holding time that corresponds to that temperature:
|
Temperature °C (°F)
|
Time1 in Minutes
|
|
54.4 (130)
|
112
|
|
55.0 (131)
|
89
|
|
56.1 (133)
|
56
|
|
57.2 (135)
|
36
|
|
57.8 (136)
|
28
|
|
58.9 (138)
|
18
|
|
60.0 (140)
|
12
|
|
61.1 (142)
|
8
|
|
62.2 (144)
|
5
|
|
62.8 (145)
|
4
|
|
Temperature °C (°F)
|
Time1 in Seconds
|
|
63.9 (147)
|
134
|
|
65.0 (149)
|
85
|
|
66.1 (151)
|
54
|
|
67.2 (153)
|
34
|
|
68.3 (155)
|
22
|
|
69.4 (157)
|
14
|
|
70.0 (158)
|
0
|
(2) If cooked in an oven, use an oven that is preheated to
the temperature specified for the roast's weight in the following chart and
that is held at that temperature: Pf
Oven Temperature Based on Roast Weight
|
Oven Type
|
Less than 4.5 kg (10 lbs)
|
4.5 kg (10 lbs) or More
|
|
Still Dry
|
177°C (350°F) or more
|
121°C (250°F) or more
|
|
Convection
|
163°C (325°F) or more
|
121°C (250°F) or more
|
|
High Humidity1
|
121°C (250°F) or less
|
121°C (250°F) or less
|
(C ) A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak may be served or offered for sale in a READY-TO-EAT form if:
(1) The FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE POPULATION,
(2) The steak is labeled to indicate that it meets the definition of "WHOLE-MUSCLE, INTACT BEEF" as specified under ¶ 3-201.11(E), and
(3) The steak is cooked on both the top and bottom to a surface temperature of 63oC (145oF) or above and a cooked color change is achieved on all external surfaces.
(D) A raw animal FOOD such as raw EGG, raw FISH, raw-marinated FISH, raw MOLLUSCAN SHELLFISH, or steak tartare; or a partially cooked FOOD such as lightly cooked FISH, soft cooked EGGS, or rare MEAT other than WHOLE-MUSCLE, INTACT BEEF steaks as specified in ¶ (C) of this section, may be served or offered for sale upon CONSUMER request or selection in a READY-TO-EAT form if:
(1) As specified under ¶¶ 3-801.11(C)(1) and (2), the FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE POPULATION;
(2) The FOOD, if served or offered for service by CONSUMER selection from a children’s menu, does not contain COMMINUTED MEAT; Pf and
(3) The CONSUMER is informed as specified under § 3-603.11 that to ensure its safety, the FOOD should be cooked as specified under ¶ (A) or (B) of this section; or
(4) The REGULATORY AUTHORITY grants a VARIANCE from ¶ (A) or (B)of this section as specified in § 8-103.10 based on a HACCP PLAN that:
(a) Is submitted by the PERMIT HOLDER and APPROVED as specified under § 8-103.11,
(b) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe FOOD, and
(c) Verifies that EQUIPMENT and procedures for FOOD preparation and training of FOOD EMPLOYEES at the FOOD ESTABLISHMENT meet the conditions of the VARIANCE.
Item #4 Updated procedures for retail food establishment operations to continue during an extended water or electrical outage if a written emergency operation plan has been pre-approved by the Regulatory Authority, immediate corrective action taken and the Regulatory Authority has been notified upon implementation of the plan (Section 8-404.11)
What's changed - More detail was added to the regulation about continuing operation when an outage of electrical or water service is encountered. It gives the regulatory authority and the operator means of writing and approvign a plan provided there is no risk.
The Regulation
8-404.11 Ceasing Operations and Reporting.
(A) Except as specified in ¶ (B) and (C) of this section, a PERMIT HOLDER shall immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, SEWAGE backup, misuse of POISONOUS OR TOXIC MATERIALS, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. P
(B) A PERMIT HOLDER need not discontinue operations in an area of an establishment that is unaffected by the IMMINENT HEALTH HAZARD.
(C) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the REGULATORY AUTHORITY may agree to continuing operations in the event of an extended interruption of electrical or water service if:
(1) A written emergency operating plan has been APPROVED;
(2) Immediate corrective action is taken to eliminate, prevent, or control any FOOD safety risk and IMMINENT HEALTH HAZARD associated with the electrical or water service interruption; and
(3) The REGULATORY AUTHORITY is informed upon implementation of the written emergency operating plan.
8-404.12 Resumption of Operations.
If operations are discontinued as specified under § 8-404.11 or otherwise according to LAW, the PERMIT HOLDER shall obtain approval from the REGULATORY AUTHORITY before resuming operations.
(1) The FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE POPULATION,
(2) The steak is labeled to indicate that it meets the definition of "WHOLE-MUSCLE, INTACT BEEF" as specified under ¶ 3-201.11(E), and
(3) The steak is cooked on both the top and bottom to a surface temperature of 63oC (145oF) or above and a cooked color change is achieved on all external surfaces.
(D) A raw animal FOOD such as raw EGG, raw FISH, raw-marinated FISH, raw MOLLUSCAN SHELLFISH, or steak tartare; or a partially cooked FOOD such as lightly cooked FISH, soft cooked EGGS, or rare MEAT other than WHOLE-MUSCLE, INTACT BEEF steaks as specified in ¶ (C) of this section, may be served or offered for sale upon CONSUMER request or selection in a READY-TO-EAT form if:
(1) As specified under ¶¶ 3-801.11(C)(1) and (2), the FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE POPULATION;
(2) The FOOD, if served or offered for service by CONSUMER selection from a children’s menu, does not contain COMMINUTED MEAT; Pf and
(3) The CONSUMER is informed as specified under § 3-603.11 that to ensure its safety, the FOOD should be cooked as specified under ¶ (A) or (B) of this section; or
(4) The REGULATORY AUTHORITY grants a VARIANCE from ¶ (A) or (B)of this section as specified in § 8-103.10 based on a HACCP PLAN that:
(a) Is submitted by the PERMIT HOLDER and APPROVED as specified under § 8-103.11,
(b) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe FOOD, and
(c) Verifies that EQUIPMENT and procedures for FOOD preparation and training of FOOD EMPLOYEES at the FOOD ESTABLISHMENT meet the conditions of the VARIANCE.
Item #4 Updated procedures for retail food establishment operations to continue during an extended water or electrical outage if a written emergency operation plan has been pre-approved by the Regulatory Authority, immediate corrective action taken and the Regulatory Authority has been notified upon implementation of the plan (Section 8-404.11)
What's changed - More detail was added to the regulation about continuing operation when an outage of electrical or water service is encountered. It gives the regulatory authority and the operator means of writing and approvign a plan provided there is no risk.
The Regulation
8-404.11 Ceasing Operations and Reporting.
(A) Except as specified in ¶ (B) and (C) of this section, a PERMIT HOLDER shall immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, SEWAGE backup, misuse of POISONOUS OR TOXIC MATERIALS, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. P
(B) A PERMIT HOLDER need not discontinue operations in an area of an establishment that is unaffected by the IMMINENT HEALTH HAZARD.
(C) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the REGULATORY AUTHORITY may agree to continuing operations in the event of an extended interruption of electrical or water service if:
(1) A written emergency operating plan has been APPROVED;
(2) Immediate corrective action is taken to eliminate, prevent, or control any FOOD safety risk and IMMINENT HEALTH HAZARD associated with the electrical or water service interruption; and
(3) The REGULATORY AUTHORITY is informed upon implementation of the written emergency operating plan.
8-404.12 Resumption of Operations.
If operations are discontinued as specified under § 8-404.11 or otherwise according to LAW, the PERMIT HOLDER shall obtain approval from the REGULATORY AUTHORITY before resuming operations.
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