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Adoption of the 2009 FDA Food Code

Adoption of the 2009 FDA Food Code. Statewide CEDEP Meeting. Hugh Atkins Division of Env. Health. April 29, 2014. How did we get here?. Current food law based on the 1976 Food Code. Current law was passed in 1986.

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Adoption of the 2009 FDA Food Code

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  1. Adoption of the 2009 FDA Food Code Statewide CEDEP Meeting Hugh Atkins Division of Env. Health April 29, 2014

  2. How did we get here? Current food law based on the 1976 Food Code. Current law was passed in 1986.

  3. In 2011, Div. of Env. Health, in conjunction with the TN Food Safety Task Force, formed a committee to engage affected parties in discussions about adoption of the Food Code.

  4. Met with Dr. Dreyzehner and discussed adoption of the Food Code. • Dr. Dreyzehner authorized proposing a bill to be included in the department’s 2012 legislative package. • The governor’s office decided not to proceed with an administration bill.

  5. Dr. Dreyzehner selected the Food Code bill for inclusion in the department’s 2013 legislative package; the governor’s office agreed to proceed with an administration bill. Departments of Health and Agriculture met several times to address each department’s issues with adoption of the Food Code.

  6. March 21, 2013 passed full Senate 33-0 April 3, 2013 passed full House 94-0

  7. Public Chapter 182 Signed into law by Gov. Bill Haslam on April 23, 2013. Provision of the Act go into effect July 1, 2015.

  8. What’s next? Focus on the Foodborne Illness (FBI) risk factors: • Improper food source • Improper cooking temperatures • Improper holding temps and cooling procedures • Contaminated utensils and cross contamination • Poor personal hygiene and employee health

  9. Food Code vs. Current Rules Among the major changes: • Employee illness policy • No bare-hand contact with RTE foods • Time in lieu of temperature • Hot holding temperature drops from 140° - 135° • Manager certification or demonstration of knowledge • Risk Categories for determining inspection frequency

  10. Employee Health • Management must have a policy in place for Employee Health. Policy must state exclusions and restrictions based on specific diagnoses and symptoms. • Personnel w/ infections must be restricted or excluded by management. • The Person in Charge (PIC) must report to the regulatory authority food employees with certain symptoms and diagnoses. • Specific requirements for reinstatement of employees diagnosed with Hepatitis and salmonella Typhi.

  11. No Bare-Hand Contact with Ready to Eat Foods • Except when washing fruits and vegetables, employees may not touch ready-to-eat (RTE) foods with their bare hands. • If not serving a highly susceptible population, a variance from the no bare-hand contact may be granted under certain circumstances.

  12. Time as a Public Health Control (Time in Lieu of Temperature “TILT”)* • Food can be held for 4 hours upon leaving temperature control via a hot holding unit or cold holding unit • Food must be clearly marked with Time of discard (4 hours from time of removal) • Foods not marked (foods in TILT only) or foods that have exceeded the 4 hours will be discarded. • Written procedures shall be prepared in advance *Timeas opposed to maintaining a temperature of 135®F or above and 41®F or below.

  13. Demonstration of Knowledge • “The Person In Charge (PIC) shall Demonstrate Knowledge” of foodborne disease prevention by one of the following methods: • No critical violations of a routine inspection, or • Being a certified Food Protection Manager by passing an exam from an ACCREDITED PROGRAM, or • Responding correctly to inspector’s questions based on the Foodborne illness risk inherent in each establishment.

  14. Risk Categories – Inspection Frequency Risk Category 1: One inspection per year • Very limited food preparation, examples include: • Establishments that prepare only non-potentially hazardous foods (time/temperature control for safety (TCS) foods). • Establishments that heat only commercially processed, TCS foods for hot holding. • No cooling of TCS foods.

  15. Risk Categories – Inspection Frequency Risk Category 2: Two inspections per year • Limited menu complexity: • Most products are prepared/cooked and served immediately. May involve hot and cold holding of TCS foods after preparation or cooking. Risk Category 3: Three inspections per year • Extensive menu and handling of raw ingredients. • Complex preparation including cooking, cooling, and reheating for hot holding involves many TCS foods.

  16. Risk Categories – Inspection Frequency Risk Category 4: Four inspections per year • Applies only to establishments serving Highly Susceptible Populations or Risk Category 3 establishments that have an inspection history without of control foodborne illness risk factors.

  17. During the transition period: • Form a transition committee • Develop a new inspection report • Revise the food rules • Training/standardization of staff • Training and education of regulated community • Guidance documents on the department’s website

  18. Food Code vs. Current Rules • De-emphasizes score • Emphasizes education/training • Whenever possible, obtain correction on-site for all risk-factor violations. • Communication is key

  19. The End

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