FDA Releases 2017 Food Code - What's New in the Regulation

FDA released the 2017 version of the Food Code.  The Food Code is a model for ensuring safe food that is provided for adoption by local, state, and federal governmental jurisdictions for administration to food service, retail food stores, or food vending operations.  Every 4 years, a new version is issued with updates.   According to the release, there are 4 significant changes.   

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.

LINK to 2017 Food Code

The specific sections are covered below showing impacted sections of the regulation.


FDA Constituent Update
LINK To Announcement
FDA Releases 2017 Food Code

Recall Data from Past Five Years - What is Changing?

Each quarter, Stericycle Expert Solutions releases their Recall Index which analyzes the frequency, volume, and causes of U.S. product recalls.   This week they issued a 5 year summary of making these reports. From this article,  Reflections on Recalls: Five Years of the Stericycle Expert Solutions Recall Index

"The food and beverage industry experienced the most dramatic spike in units recalled over the past five years. Food products recalled by the U.S. Food and Drug Administration (FDA) skyrocketed 92.7 percent since 2012, and recalled pounds regulated by the U.S. Department of Agriculture (USDA), which largely oversees meat production, jumped 83.4 percent in the same period.  Technological improvements in food testing, combined with factory farming and growing automation in food production were major drivers of the increases. "

Many have interpreted this report to make it seem like things are out of control.  Not really.  Increased testing, improved testing, and a risk-averse public have more to do with the number of recalls.  Our systems of supply have not changed as much as our testing requirements and capabilities and with that, our threshold for the issues that are found.  Because of this, our food supply is becoming more safe, not less safe.

https://www.prnewswire.com/news-releases/reflections-on-recalls-five-years-of-the-stericycle-expert-solutions-recall-index-300594063.html
Reflections on Recalls: Five Years of the Stericycle Expert Solutions Recall Index 
Q4 2017 Recall Index Reveals Zero Fines for Consumer Products, Continued Decreases in Medical Device Recalls, and Severity of Drug Recalls Continuing to Rise, Among Other Findings 

FDA Has Increased Number of Imported Shrimp Refusals

According to Seafood Source, the FDA has had an increase in the number of import refusals for shrimp in the month of January.    The issues were due to the presence of Salmonella while others were rejected for the presence of banned antibiotics.  

As stated in the article, many of these suppliers are on import alert which holds the import until the proper testing can be completed. Once a supplier is place on import alert, it can be very difficult to get off of that list.

Seafood Source
https://www.seafoodsource.com/news/food-safety-health/fdas-shrimp-import-refusals-rose-in-january
FDA’s shrimp import refusals rose in January
By Christine Blank

Lawsuit Against Cruise Line After Ship Has Eight Consecutive Norovirus Outbreaks

In 2016/2017, there was a norovirus outbreak on eight consecutive cruises on the Sun Princess cruise ship.  A lawsuit is being filed that "Carnival was negligent in its sanitation of the vessel, leading to continued outbreaks."   While the ship has had satisfactory inspection, this case points to the difficulty of eliminating an pathogen such as norovirus.

Norovirus is highly infectious, so there does not need for a lot of virus particle to be present.  As a non-enveloped virus, it can remain on surfaces for weeks.  Thirdly, it is resistant to normal strength sanitizers, so you have to clean and then hit with a strong sanitizer.  This can be a problem when the particles get onto carpeting, bedding, and other non-easy-to-clean surfaces.  Add this to the fact that these cruise ships are huge - this one has a capacity over 2000 passengers with 15 decks, 1000 cabins, and a slew of lounges, bars, and recreational areas.  And then, if the article below is correct, they are turning this ship around for the next cruise in hours.

Miami Herald
http://www.miamiherald.com/news/business/tourism-cruises/article198720189.html
On eight cruises in a row, passengers got ‘violently ill.’ A lawsuit may be coming
By Chabeli Herrera  cherrera@miamiherald.com
February 06, 2018 06:00 PM
Updated February 07, 2018 03:10 PM

Pork Extract Broth Recalled for Improper Processing

An Okla. establishment, is recalling approximately 4,202 pounds of fully cooked pork products due to a processing deviation that may have allowed potential spore-forming pathogen growth including Clostridium botulinum and Clostridium perfringens,  It is a paitan which is a soup base made from meat, bone and cartilage extract, so contains fats and collagen to form a hearty thick broth.

This product is a cooked product that is packed in plastic pouches (pillow pack) and then frozen.  This is used as an ingredient.  Processing is not designed to rid products of spores, so the issue would have had to have been related to the cooling to freezing.  If not cooled properly, Clostridial spores, which survive the cooking, would have had an opportunity to grow.

https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2018/recall-009-2018-release
Guymon Extracts, Inc. Recalls Fully Cooked Pork Products Due to Possible Processing Deviation 
Class I Recall
009-2018
Health Risk: High
Feb 6, 2018

This Week in Mislabeled Product - Week Ending February 9, 2018

Wasabi Almonds Packaged in an Unsalted Almond Package - Kanan Enterprises announces the voluntary recall of Southern Grove Unsalted Almond 14 oz., Best By SEP 25 2018 KN due to the presence of wheat and soy that are not listed as ingredients.  The company was notified by a customer that wasabi almonds were packaged in a bag of Southern Grove Unsalted Almonds.

In-store Label Missing Allergens Associated with Mayonnaise and Sour Cream - Weis Markets today announced it had issued a recall for its store-made Weis Quality Dried Beef Party Rye dip for failing to list egg and milk allergens on its label.

In-store Label Missing Allergens Leaves Out Milk - Weis Markets today announced it had issued a recall for its pre-made Penne Pasta with Asiago Sauce and Grilled Chicken single serving meal for failing to list a milk allergen on its label.  The problem was discovered during a label review.

https://www.fda.gov/Safety/Recalls/ucm595459.htm
Kanan Enterprises Conducts Voluntary Recall of Southern Grove Unsalted Almond Due to Undeclared Wheat and Soy
For Immediate Release
February 2, 2018
Contact
Consumers  1-800-860-5464

Retailer Recalls Yogurt for Potential Glass Contamination

Meijer is recalling of their Greek and Low-fat yogurt as a precautionary measure due to the potential risk of a small glass particles after customer returned a yogurt cup containing two small pieces of glass.  "Upon investigation at the retailer’s manufacturing facility, there may have been a possible risk of contamination."

https://www.fda.gov/Safety/Recalls/ucm596050.htm
Meijer Recalls Select Meijer Greek and Low Fat Yogurt Products
For Immediate Release
February 8, 2018

Raw Ground Turkey Pet Food Recalled for Salmonella Contamination

A Minnesota Pet Food Company, Raw for Paws, is recalling its Ground Turkey Pet Food after two reported illnesses and  "testing by the Minnesota Department of Agriculture (MDA) revealed the presence of Salmonella in some packages of Turkey Pet Food."

Raw ground turkey AND Salmonella...is this surprising?....wouldn't one think that there may be some Salmonella present?.  Tried to determine if this product was HPP processed, but the company website is down.    The company does have safe handling instructions, but of course does not include cooking.

https://www.fda.gov/Safety/Recalls/ucm596043.htm
Raws For Paws Recalls Turkey Pet Food Because of Possible Salmonella Health Risk
For Immediate Release
February 8, 2018

Beefy Munchies Dog Treats Recalled After Salmonella Positive Test

A California Pet Food company, Smokehouse Pet Products, Inc. "is recalling 4-oz bags of dog treats labeled as “Beefy Munchies,” because it has the potential to be contaminated with Salmonella."   The issue was found through routine sampling by the Colorado Department of Agriculture which resulted in a Salmonella positive sample.

https://www.fda.gov/Safety/Recalls/ucm596038.htm
Smokehouse Pet Products Inc Recalls Limited Lots of “Beefy Munchies” Sold Regionally Because of Possible Salmonella Contamination
For Immediate Release
February 8, 2018