FDA to Provide Flexibility on Nutritional Labeling for Foodservice Items Sold as Retail Items

FDA issued a temporary allowance during the COVID-19 emergency that allows for the sale of food without proper nutritional labeling.  So this could be food or ingredients that a restaurant has that they can now sell as a retail item, or items intended for sale in the foodservice channel from a manufacturer but now want to move it through retail sales.

So nutrition labeling does not need to be on these items during this time, but the items still have to have:

• a statement of identify
• an ingredient statement,
• the name and place of the business of the food manufacturer, packer, or distributor,
• net quantity of contents, and
• allergen information required by the Food Allergen Labeling and Consumer Protection Act

This is a great in helping get food that is in the foodservice channel sold to consumers.

https://www.fda.gov/food/cfsan-constituent-updates/fda-provides-temporary-flexibility-regarding-nutrition-labeling-certain-packaged-food-response-covid

Center for Food Safety and Applied Nutrition
Constituent Update
FDA Provides Temporary Flexibility Regarding Nutrition Labeling of Certain Packaged Food in Response to the COVID-19 Pandemic
March 26, 20202

NIH - Study Looks at Stability of COVID-19 Virus in the Environment

A study in New England Journal of Medicine provided information on the stability of the COVID-19 virus, or SARS-VoV-2, in the environment.

From the report below, "SARS-CoV-2 remained active on plastic and stainless steel surfaces for two to three days under the conditions in this experiment. It remained infectious for up to 24 hours on cardboard and four hours on copper. The virus was detectable in aerosols for up to three hours. These times will vary under real-world conditions, depending on factors including temperature, humidity, ventilation, and the amount of virus deposited."

So basically, there are many factors that come into play regarding stability of this virus including temperature and humidity.  What this does show is that the virus can survive in the environment so actions like hand washing and frequent disinfecting of high contact surfaces are important mitigation practices.

https://www.nih.gov/news-events/nih-research-matters/study-suggests-new-coronavirus-may-remain-surfaces-days
March 24, 2020
Study suggests new coronavirus may remain on surfaces for days

FDA Says Food Supply Safe and Strong in Light of COVID-19

FDA released a statement saying the food supply is safe and solid despite some local shortages during this COVID-19 pandemic.  The statement does not provide any significant new information.  Of course, the food industries are recognized as 'critical infrastructure and "workers in the food and agriculture sector – including those working in agricultural production and food processing of both human and animal food, distribution, retail and food service, and allied industries – are named as essential critical infrastructure workers who are vital to community continuity and resilience."

"If an employee is confirmed to have COVID-19, employers should inform workers of their possible exposure while maintaining confidentiality. Employees exposed to a co-worker with confirmed COVID-19 should follow the Centers for Disease Control and Prevention’s guidance: What to do if you are sick with coronavirus disease 2019 (COVID-19). Employers should consult with their local health department for additional guidance."

https://www.fda.gov/news-events/fda-voices-perspectives-fda-leadership-and-experts/fda-offers-assurance-about-food-safety-and-supply-people-and-animals-during-covid-19
FDA Offers Assurance About Food Safety and Supply for People and Animals During COVID-19

CDC Provides Alert on Ongoing E. coli Outbreak Linked to Clover Sprouts

CDC issues a food safety alert for an E. coli outbreak linked to clover sprouts.  To this point, there have been 39 cases in six states (Iowa, Illinois, Missouri, Texas, Florida, and Utah).  On March 16, 2020, Chicago Indoor Garden recalled all products containing red clover sprouts
.

CDC
https://www.cdc.gov/media/releases/2020/s0319-food-safety-alert-e-coli.html
Food Safety Alert Regarding a Multistate Outbreak of E. Coli

This Week in Mislabeled Product for Week Ending March 21, 2020

Wrong Package - Lindt & Sprüngli (USA) Inc. of Stratham, New Hampshire, is issuing a voluntary recall of one lot of its Lindt Excellence 85% Cocoa chocolate bars due to the bars being wrapped in the wrong packaging. The bars are labeled as Excellence 85% Cocoa, but contain Lindt Excellence Dark Caramel Sea Salt bars, therefore the package does not contain accurate information about allergens - milk and soy.

Label Misses Wheat - Raw Seafoods, Inc is recalling  Wegmans branded Ginger Salmon Oven Safe Meal and Salmon Teriyaki Oven Safe Meal due to undeclared wheat.

FDA Scales Back Foreign and Domestic Inspections Due to COVID-19

In light of the current COVID-19 pandemic, FDA announced that they will be scaling back domestic inspections.  They earlier announced that they would be postponing most foreign facility inspections through April and that inspections outside the U.S. deemed mission-critical will be considered on a case-by-case basis.

https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-focuses-safety-regulated-products-while-scaling-back-domestic
Coronavirus (COVID-19) Update: FDA Focuses on Safety of Regulated Products While Scaling Back Domestic Inspections
For Immediate Release:
March 18, 2020

FDA Warning Letter - Company Fails to Control Labels Resulting In Allergen-related Recall

FDA issued a Warning Letter to Dianne's Fine Desserts after they recalled peanut butter brownies labeled in chocolate turtle brownie packaging because the product was 'misbranded' in that the finished product labels did not declare a major food allergen (peanuts)

According to the report, the firm recalled peanut butter brownies that were packaged in turtle brownie labeling, indicating that the problem “was caused by a temporary breakdown in your production and packaging processes.” In an email to FDA, the company  stated that there had been “opportunity during product changeover to introduce pre-printed packaging material to the line before changeover is completed.” The email also stated that the company "implemented corrective actions to the line clearance procedures and provided a summary of the changes, including controlling packaging on and in the area of production lines, checking and documenting that the correct packaging is on the line, utilizing photo standards of labeling, and training employees."

While FDA has not verified the corrective action, they issued the Warning Letter stating, "your food allergen controls are not adequate at the packaging step to ensure that your finished food is not misbranded under section 403(w) of the Act as evidenced by your firm’s packaging of peanut butter brownies into containers labeled for turtle brownies. This incorrect labeling caused your product to contain an undeclared major food allergen."


FDA Warning Letter

https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/diannes-fine-desserts-600026-03022020
Dianne's Fine Desserts
MARCS-CMS 600026 — March 02, 2020

FDA Warning Letter - Another Importer with No FSVP

FDA issued a Warning Letter to an importer for not having a FSVP in place for 1)Fried onions and  2)Basmati rice.  FDA had never received a response to how the firm was going to rectify the situation.


FDA Warning Letter
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/sunrise-distributors-inc-599020-02112020
Sunrise Distributors Inc
MARCS-CMS 599020 — February 11, 2020

FDA Warning Letter - A RTE Bakery in Puerto Rico

FDA issued a Warning Letter to a ready-to-Eat (RTE) bakery products manufacturing facility located in Toa Baja, Puerto Rico.

The facility did not conduct a hazard analysis for any products to identify and evaluate known or reasonably foreseeable hazards for each type of food manufactured or processed.  And with that, they did not have a implemented a food safety plan or any preventive controls.

There were a host of GMP observations including:

• Pest issues
• Did not have good allergen control for equipment and utensils during use, with cleaning and in storage.  
• Handwashing issues
• Plant cleanliness
• Water-related issues

FDA Warning Letter
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/sweet-ann-cake-inc-590155-10292019
Sweet Ann Cake, Inc.
MARCS-CMS 590155 — October 29, 2019