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FDA Issues New Code For Regulating Food Industry

Code deals with a variety of food operations

By James Limbach
ConsumerAffairs.com

November 10, 2009

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The Food and Drug Administration has published the new FDA Food Code, a model code and reference document that the agency says provides a scientifically sound technical and legal basis for regulating the retail and food service segment of the food industry.

State, city, county, tribal, and territorial agencies regulate more than 1 million restaurants, retail food stores, and vending and food service operations in institutions such as schools, hospitals, nursing homes, and child care centers. The model FDA Food Code provides the basis for most of those agencies' licensing, inspection, and enforcement activities, as well as serves as a model for their food statutes, regulations, and ordinances.

Release of the FDA Food Code provides all levels of government with "practical, science-based guidance and manageable, enforceable provisions" for mitigating known risks of foodborne illness. The code also serves as a reference document for the retail food industry.

"The FDA is spearheading an important initiative to improve the nation's food safety system by establishing a fully integrated national system with federal, state, local, tribal, and territorial regulatory agencies," said Dr. Stephen Sundlof, director of FDA's Center for Food Safety and Applied Nutrition. "Food Code adoption and implementation in all jurisdictions are important for achieving uniform national food safety standards and for enhancing the efficiency and effectiveness of our nation's food safety system."

Significant changes to the 2009 FDA Food Code include:

• Each provision in the FDA Food Code is now designated as a "Priority Item," a "Priority Foundation Item," or a "Core Item," to assist the industry and regulatory community in prioritizing their food safety interventions and their inspections. These designations are based on a qualitative risk assessment and replace the use of "Critical" and "Non-Critical" designations in previous editions of the FDA Food Code.

• Cut leafy greens are now included among the foods that require time and temperature control for safety.

• Requirements are added to improve food worker awareness of food allergen concerns in the food service and retail setting.

• Serving hamburgers and other ground meats in an undercooked form upon a consumer's request is no longer an option for items offered on a children's menu.

• A new definition and criteria are added in a new FDA Food Code section for the non-continuous cooking of foods comprised of raw animal products to address the safety of this cooking method.

• Several requirements related to the effective cleaning and sanitizing of equipment and surfaces are enhanced or clarified.

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