Ready-to-Eat Food Items Recalled Due to Temperature Abuse During Transport to Retail Location

 C&S Wholesale Grocers, located in Westfield, Mass. is recalling an undetermined amount of ready-to-eat and not-ready-to-eat meat and poultry products due to temperature abuse during transport,The ready-to-eat and not-ready-to-eat meat and poultry products were sold on June 17, 2019, at two Target retail stores in New York. The problem was discovered when the firm notified FSIS that the product was held at an incorrect temperature and then inadvertently shipped into commerce.  All remaining inventory of the recalled items have been removed from the store and destroyed.

In the FDA recall notice for the same two shipments, the reasoning was mechanical failure during transportation.  One may guess an improperly operating, or non-operating refrigeration unit.

https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2019/recall-070-2019-release
C&S Wholesale Grocers Recalls Meat and Poultry Products due to Possible Temperature Abuse During Transport at Two Stores in New York 
Class I Recall
070-2019
Health Risk: High
Jun 20, 2019

FDA Issues 3 Waivers to Sanitary Transport Rule, Including Shipments by Retail Outlets

With the Sanitary Transport Rule coming, FDA announced three waivers - 1) those permitted to ship milk, 2) those shipping food directly to consumers or as part of the operations of a foodservice / retail outlets, and 3) those approved to ship shellfish.

More specifically, from the FDA on item number two, this gives a waiver to grocery stores and food-service establishments.  It covers food sold directly to the consumer as well as food within the company or affiliate (a supermarket hub operation shipping to one of their stores).

• "Businesses that are permitted or otherwise authorized by the regulatory authority to operate a food establishment that provides food directly to consumers (including restaurants, retail food establishments, and nonprofit food establishments, as defined in 21 CFR 1.227), only when engaged in transportation operations as:
  • Receivers, whether the food is received at the establishment itself or at a location where the authorized establishment receives and immediately transports the food to the food establishment;
  • Shippers and carriers in operations in which food is transported from the establishment as part of the normal business operations of a retail establishment, such as:
    • delivery of the food directly to the consumer(s) by the authorized establishment or a third-party delivery service or
    • delivery of the food to another location operated by the authorized establishment or an affiliated establishment where the food is to be sold or served directly to the consumer(s)."

FDA News Release

FDA Announces Three Waivers to Sanitary Transportation Rule

April 5, 2017

Shipping Food Products on Truck or Rail - Get Ready for Sanitary Transport Rule

FDA's Sanitary Transport Rule takes effect in April for the larger firms.  A nice article published in American Trucker outlines how various players (drivers, dispatchers, and planners) will be involved in implementing the rule.   A few things to know - this applies to product shipped from USDA facilities as well as FDA facilities, the shipper or the person arranging shipment has responsibility for that shipment, and smaller shippers have until next year to comply.

American Trucker
http://trucker.com/regulations/new-food-safety-rules-are-you-ready
New food safety rules: Are you ready?
FMSA begins to take effect in April
Mar 30, 2017 Cristina Commendatore

PA Ag and State Police Conduct Surprise Inspections of Food Delivery Vehicles

Pennsylvania Dept of Ag along with the PA State Police conducted inspection on 140 refrigerated commercial food delivery vehicles.    According to the release "No citations were issued June 28, although multiple products were discarded due to being outside of acceptable temperature parameters. One warning letter was issued to an out-of-state company clarifying Pennsylvania food code and reasons for product disposal."  As they noted, warm delivery vehicles are a special concern  in the warmer months.

As per the Sanitary Transport of Food rule, temperature must be properly maintained throughout the shipment and delivery of the food items.  It is the shipper's responsibility to ensure this.  But clearly, there are issues that need to be corrected.


PA Gov News Release
http://www.media.pa.gov/pages/Agriculture_details.aspx?newsid=448&utm_content=articles&utm_campaign=NLCampaign&utm_source=Newsletter&utm_term=newsletteredition&utm_medium=email
Code R.E.D. Enforcement Efforts Ensure Safety of Food Supply During Transport
07/18/2016

Important Points in FSMA Final Rule on Sanitary Transportation of Human and Animal Food

Earlier this month, FDA issued the FSMA Final Rule on Sanitary Transportation of Human and Animal Food.  What are some interesting points you should know?

This rule defines transportation as “any movement of food in commerce by motor vehicle or rail vehicle” and establishes requirements for sanitary transportation practices applicable to shippers, loaders, carriers by motor vehicle and rail vehicle, and receivers engaged in food transportation operations.  The rule address vehicles and transportation equipment; transportation operations; training; records; and waivers.

The goal is to ensure that practices are in place that prevents food from becoming adulterated during transport from such issues as failure to control temperatures or cross contamination or cross contact (allergens) from inadequate cleaning.  

The rule makes the shipper responsible for compliance to the rule.  The shipper is defined as the one who arranges for the transportation of food by the carrier. The shipper could be the manufacturer or a freight broker. By rule, the shipper  must develop and implement procedures for required parameters such as temperature control and cleanliness of the vehicle. The shipper can transfer some of this responsibility to the ‘loader’ or the ‘carrier’ based upon contractual agreement. They must have documentation to demonstrate this.

The rule is not prescriptive in that FDA does not establish mandatory procedures; rather it allows industry to use best practices to do this. So there are no regulatory requirements for continuous temperature monitoring, or the sharing of documentation for each load, or how a truck should be cleaned. Rather, it requires the shipper determine what is best in order for that food to be transported without becoming adulterated.

While there are some exemptions from the rule for food that is transported, such as farm activities, most other transport is covered including intra-company transport and food destined for food banks.

What about food that arrives and is out of temperature?  According to the rule "An inconsequential failure by a carrier to meet the shipper's temperature control specifications will not necessarily create a per se presumption that the affected food has become adulterated. However, if a person subject to this rule becomes aware of an indication of a possible material failure of temperature control or other conditions that may render the food unsafe during transportation, the person must take appropriate action to ensure that the food is not sold or otherwise distributed, unless a determination is made by a qualified individual that the temperature deviation or other condition did not render the food unsafe. Failure to take such action may render the food adulterated."

For Loaders, those who put product onto the trucks, they must check the vehicle for sanitary condition and ensure proper temperature control prior to loading.

For receivers, those who unload the product, they must ensure that the product was not temperature abused and intact. 

Carriers, those transporting product, must meet conditions established by the shipper – to include having the right equipment to meet sanitary and temperature requirements. The must also provide cleaning as required.

When carriers have responsibilities put on them by the shippers, their employees must be trained about potential food safety problems and basic sanitary practices. This must be documented.

Here is a link to the final rule.

FSMA Rule for Sanitary Transport of Food - Summary

FDA issued the final rule for the sanitary transport of food.  The final rule applies to shippers, receivers, loaders and carriers who transport food in the United States by motor or rail vehicle.
It is important that companies evaluate their own shipping, and if using third party shippers, that those trucking companies are in compliance.  This will apply to USDA product.

Key Provisions:

1. The design and maintenance of vehicles and transportation equipment to ensure that it does not cause the food that it transports to become unsafe.
2. Measures taken during transportation to ensure food safety -
   Including adequate
• temperature controls,
• preventing contamination of ready to eat food from touching raw food,
• protection of food from contamination by non-food items in the same load or previous load, and protection of food from cross-contact (including the unintentional incorporation of a food allergen.)
3. Training of carrier personnel in sanitary transportation practices and documentation of the training when the carrier is responsible for sanitary conditions during transport.  (FDA plans to have an on-line training program).
4. Maintenance of records of written procedures, agreements and training (required of carriers). The required retention time for these records not exceed 12 months (depending on the type of record.

Key Exemptions:

• Shippers, receivers, or carriers engaged in food transportation operations that have less than $500,000 in average annual revenue
• Transportation activities performed by a farm
•  Transportation of food that is completely enclosed by a container except a food that requires temperature control for safety
• Food shipped through the US but not consumed in US.

Compliance - one year, for small companies, two years.

   

 

FDA - FSMA

Fact Sheet

http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm383763.htm

FSMA Final Rule on Sanitary Transportation of Human and Animal Food

 

Complete Rule in PDF

 https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-07330.pdf

    

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final, advancing FDA’s efforts to protect foods from farm to table by keeping them safe from contamination during transportation. The earliest compliance dates for some firms begin one year after publication of the final rule in the Federal Register.

FSMA Food Safety Requirements for Transportation Coming Soon

The final rule for food safety requirements for transportation are coming on March 31st with implementation due in 2017.

While the transportation industry is probably doing much of what will be required, the requirements for documentation will be the biggest change.

The main focuses will be on:

• Written procedures
• Temperature control and its documentation, including pre-cooling of truck for refrigerated loads.
• Training - the final rule will state what will be required to meet the training requirement.
• Truck cleanliness
• Record transfer and maintenance

Fleet Owner
http://fleetowner.com/fleet-management/new-food-safety-rules-pose-impact-refrigerated-carriers
New food safety rules pose impact for refrigerated carriers
Final rule due March 31, with enforcement to begin in 2017.
Mar 14, 2016Sean Kilcarr | Fleet Owner

Refrigerated carriers face a bevy of new mandates governing not only the condition and operation of equipment used transport foodstuffs but the capture and preservation of shipment temperatures, along with driver training requirements, due to go into effect March 31.

Question - Are Transportation Companies Preparing for Food Safety Requirement per FSMA

Are your transportation companies preparing for upcoming FSMA regulations?  The FSMA Rule on Sanitary Transportation of Human and Animal Food was enacted to help maintain the safety of both human and animal food during transportation by establishing criteria, e.g., conditions and practices, training and record keeping, for the sanitary transportation of food.

According to the article in Bulk Transporter - probably not.  But they should begin.....getting an organization in the habit of executing food safety controls will take time.

A few highlights from the article:

• Carriers must develop and implement procedures that describe how they will comply with provisions for temperature control and how they will provide this information to shippers and receivers.
• Drivers will need to be trained on temperature management and reporting requirements, and temperature records for each shipment must be retained for one full year.
• Food shippers must specify in writing to carriers the sanitary requirements for transport vehicles and temperature control systems for all shipments of “Time/Temperature Control for Safety Food” (TCS food).
• Food receivers must carry out loading and unloading operations under conditions that will prevent TCS food from reaching unsafe temperatures.
• Condensation inside a refrigerated or tank trailer may get more attention.
• Carrier personnel must be trained.

So it would behoove you to ask the question of your logistical provider.

Bulk Transporter

http://bulktransporter.com/fleet-management/bulk-food-haulers-need-prepare-advance-fda-s-comprehensive-food-transport-requireme

Bulk food haulers need to prepare in advance for the FDA’s comprehensive food transport requirements

Oct 5, 2015 Charles Wilson | Bulk Transporter

 

NEW RULES covering food transportation and distribution will begin to take effect starting in June. However, there is growing concern that many food transporters still are not ready to deal with these new rules.

 

The lack of preparedness was a key point addressed during a panel discussion that took place during the 2015 Mid-America Trucking Show in Louisville, Kentucky.

Reusable Plastic Containers - Best Practices Guide

 The Reusable Packaging Association (RPA) released a best practices guide for safe use of reusable plastic containers (RPCs).   Reusable containers have become a integral part of the food supply chain, and like other tools/equipment used in the food chain, they can impact food safety.   It is silly to argue this even if there haven't been any outbreaks of illness that have pinpointed the returnable containers as responsible.  Studies have shown that contamination can be carried by the containers, and thus, it can serve as a source of contamination.

So expanding a little on a few keys from this guideline:

• Risk analysis - as part of a HACCP or HARPC analysis, what impact would contamination on the containers have.  Is the food carried in the containers destined for the processing line or is it RTE.  But even if the item is to be processed, contamination by spoilage organisms also needs to be considered.
• Clean - With food items where there is higher risk, whether that be pathogens or spoilage organisms, cleaning is probably necessary.   And this is where there may be an issue....cleaning is not easy.  Equipment that automatically cleans may be expensive, and doing it manually can be a challenge.  But the basics of cleaning for food contact surfaces still apply - remove the solids, clean with an appropriate cleaner, rinse, sanitize, air dry.
• Cover - Once cleaned, that surface can be contaminated if not protected, during both storage and shipping.  Storing in a covered storage area or shipping in a closed trailer to prevent those aerial poop bombers (birds) may be necessary.  Wrapping in plastic may also be necessary.
• Verify - Is cleaning and protective measures for shipping and storage adequate.  Visual observation is important, but microbiological testing can  tell if the sanitation process really works.  Swab testing for APCs may be enough, but sponge sampling for pathogens may also be needed.
• Usage - traceability is important, so follow the accepted practice for labeling the RPCs.

If using RPCs, it needs to be included in your food safety plan.  This guide will give you some...guidance for writing SOPs.


Reusable Packaging Association
http://reusables.org/4613/general/rpa-guidelines-and-best-practices-for-the-safe-use-of-returnable-containers-in-food-supply-chains
RPA Guidelines and Best Practices for the Safe Use of Returnable Containers in Food Supply Chains

The RPA Guidelines and Best Practices for the Safe Use of Returnable Containers in Food Supply Chains was created by the Reusable Packaging Association (RPA) to collectively insure a safe and wholesome food supply chain by users and suppliers of reusable containers. To learn more read RPA Best Practices Guide_FINAL and RPA Guidelines_ FAQs_FINAL

Food Warehouses - Get Ready for Some Scrutiny

Senator Chuck Schumar (D-NY) is pushing for increase regulatory attention to food warehouses due to reported unsanitary conditions in food warehouses, including rat nests, litter and other forms of untidiness.  Case in point was a warehouse in Pennsylvania, operated by a NY firm (FDA Warning Letter below), where they found rat nests, dead rats, rodent feces, and a number of other sanitary issues.

External warehouses, along with transporters (to be tackled by the transportation component of FSMA) are all part of the food chain, but have not received as much attention as the processing component - processing facilities and connected/internal warehouses.  For the food system to be safe, all components of that chain must utilize food safety practices.  Unfortunately, some of these ancillary services have not had the level of attention that they should have had.   One exception being where the warehouse had to meet 2nd party or 3rd party inspection requirements.


Think Progress
http://thinkprogress.org/health/2015/01/12/3610616/schumer-fda-inspections/
Senator Pressures FDA To Crack Down On ‘Disgusting’ Warehouses That Supply Our Food

by Sam P.K. Collins Posted on January 12, 2015 at 11:57 am Up

Last year, the Food and Drug Administration (FDA) cited squalid conditions in 90 warehouses, including a Chinese food distributor that the agency found to have rodent nests, carcasses, and feces littering in its warehouse during an inspection in December.

That’s why Sen. Chuck Schumer wants the regulatory agency to up the ante and crack down on food manufacturers that cannot maintain sanitary spaces for food production. He’s calling for more frequent inspections, higher fines, and the creation of an easily searchable food database for distributors and consumers.

Trucking Industry Deploying Tracking Technology in Preparation of FSMA

 The trucking industry has begun to consider the impact of the Food Safety Modernization Act (FSMA) on their operations.  In order to comply, there will be greater need to track, monitor and record their loads, especially temperatures of refrigerated loads.

Trucking Info
http://www.truckinginfo.com/channel/fleet-management/article/story/2014/10/trailer-tracking-and-food-safety.aspx
Fleet Management
Trailer Tracking and Food Safety
New regulations will make tracking technology even more prevalent.
September 2014, TruckingInfo.com - Department
by Jim Beach, Technology Editor - Also by this author

Trailer tracking technology has been around a number of years, with a growing number of refrigerated and other food-related carriers deploying the technologies. But upcoming federal regulations will make it even more important.

“Trailer tracking was used as a ‘throw-in,’ but now if you aren’t tracking trailers, you are behind the curve,” says Chris MacDonald, vice president sales, StarTrak business for Orbcomm. MacDonald estimates that up to 80% of the top 100 fleets use trailer-tracking technologies. “The ROI comes from having the ability to effectively manage your trailer community in a more cost-effective way.”

For refrigerated carriers, industry estimates say that about a third of all refrigerated units on the road use some type of telematics, says Mark Fragnito, product manager, telematics, for Carrier Transicold. “The number of refrigerated fleets that use telematics systems has been steadily growing.”

FDA Proposes Transportation Rule as Part of FSMA

 FDA released their proposed rule for Sanitary Transportation of Food as part of FSMA.  This rule applies, with a few exceptions, to any who transport food that will be consumed in the U.S.  Exemptions exist small companies (less than $500,000 in sales) and those who transport shelf-stable foods that are protected by a container (i.e. canned low-acid foods).

 As part of the rule, equipment will need to designed and maintained so it does not cause food contamination, measures are taken to prevent contamination of food during transport (i.e. temperature control, separation of food from non-food items), records to show temperature control and proper cleaning between loads, training of personnel engaged in the transportation of food, and maintenance of written procedures and records.

 

FDA News Release

Proposed Rule on Sanitary Transportation of Human and Animal Food

 

http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm383900.htm

 

January 31, 2014

 

The U.S. Food and Drug Administration today proposed a rule that would require certain shippers, receivers, and carriers who transport food by motor or rail vehicles to take steps to prevent the contamination of human and animal food during transportation. Part of the implementation of the Sanitary Food Transportation Act of 2005, the proposal marks the seventh and final major rule in the FDA Food Safety Modernization Act’s (FSMA) central framework aimed at systematically building preventive measures across the food system.

 

The proposed regulation would establish criteria for sanitary transportation practices, such as properly refrigerating food, adequately cleaning vehicles between loads, and properly protecting food during transportation.

Food safety violations found during inspection of food delivery trucks

In a recent sting operation, State Police working with PA Department of Ag inspectors stopped and inspected approximately 400 food trucks. Of these 10 were found to have food safety violations – 3 had unsafe temperatures and 7 had unsanitary cargo. 

Transporters of food are an important link in the food supply chain. Unfortunately, this is a link that can be more difficult to control, especially for smaller establishments. This is not the first time that food haulers have been found using poor food handling practices. The State of Indiana found similar issues with haulers in 2011.

 

This inspection demonstrates some of the unsafe practices that can be used by food transporters.

• Temperature control – with fuel prices high, there is a financial incentive for truckers to shut off their refrigeration units, turning them back on right before the delivery is made. In warm weather, this unacceptable practice can be especially troublesome.
• Hauling potentially hazardous chemicals in the same trailer as food – this can be an issue when those chemicals get onto the food packaging and/or on the food.
• Residual chemicals left in the trailer that may contaminate food. As trucks crisscross the country side, they may carry a number of items. It is important for trucks to be well cleaned before carrying food, and when hauling certain chemicals, those trucks should not be carrying food at all.
• Food left uncovered during transport. Foods must be wrapped to prevent contamination during loading, unloading, and transport. This also creates a situation where there is the possibility of intentional contamination.

FDA has written guidance for the sanitary transport of food. These as well as other safe food transporting practices can be found here. http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/SanitationTransportation/ucm208199.htm

 

  

 

Pennsylvania State Police

News for Immediate Release

May 13, 2013

  

PA State Police Announce Operation Code R.E.D. Enforcement Results

  

Harrisburg – The Pennsylvania State Police today announced the results of Operation Code R.E.D. (Refrigerated Enforcement Detail) refrigerator food truck inspection enforcement effort held on April 23.  

  

Operation Code R.E.D. targeted commercial vehicles and large trucks transporting potentially hazardous foods.

 

“During Operation Code R.E.D., the Pennsylvania State Police and the Department of Agriculture worked together targeting food trucks to make certain that these trucks and our food are both safe,” said State Police Commissioner Frank Noonan.