No one entity can protect food safety on its own. In FSMA, FDA clearly stated that the role of industry is to produce safe foods. FDA’s role is oversight in their jurisdiction, to ensure that industry is doing its job. Ensuring that food is safe requires a collaborative approach; government, industry, and consumers must work together to achieve the common goal of protecting public health. The fact that multiple agencies and inspectors have regulatory oversight over food safety at U.S. retail and foodservice establishments can create some definite challenges to achieving this goal, however.

At both the state and local levels, for example, health departments are responsible for inspecting and regulating foodservice establishments within their jurisdictions. At the federal level, FDA regulates food safety, including food processing, distribution, and labeling.

Furthermore, FDA’s 2022 Food Code (10th edition) and the Voluntary National Retail Food Regulatory Program Standards are a framework for safeguarding public health and ensuring that consumers’ food is unadulterated. USDA’s Food Safety and Inspection Service (FSIS) inspects and regulates meat, poultry, and some egg products and plays a vital role in federal regulation. The CDC promotes food safety in retail environments.

Launched in 2000 by leading consumer goods companies, the Global Food Safety Initiative is a non-governmental global group organized after a number of food safety crises occurred. With the goal of reducing food safety risks and increasing consumer confidence in the delivery of safe food, these companies began requiring that manufacturers do more than the legal minimum required by the individual country of origin or destination, so they adapted an accredited certification model and a series of best practice standards applicable to their suppliers. “When retail and food establishments are required to follow different food safety regulations depending on their location, it can cause confusion, frustration, and loss of trust for operators and staff, which can ultimately result in unsafe food safety practices,” says Melissa Vaccaro, a senior food safety program specialist at the National Environmental Health Association.

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According to Donald W. Schaffner, PhD, professor, extension specialist, and chair of the department of food science at Rutgers University in New Brunswick, N.J., challenges are especially significant for national and regional retail and foodservice chains. “These organizations often have stellar food safety programs which they try to implement uniformly across all of their operations. But, challenges can occur when inspectors on either side of a state line enforce different regulations, or when different jurisdictions interpret state food codes differently within a state.”

Every four years, FDA publishes a new version of the Food Code to ensure it’s updated consistently to help jurisdictions adopt uniform food safety standards; however, many jurisdictions continue to use older versions because the timeframe to adopt a newer version can be long. In some cases it can take years, says Ashley Eisenbeiser, MS, senior director of food and product safety programs at FMI–The Food Industry Association, headquartered in Arlington, Va. In fact, one state, South Dakota, is still using the Food Code from 1995.

The variability and patchwork of Food Code adoption across the United States creates a significant challenge for retailers that have to know and comply with each jurisdiction’s requirements in which they operate, Eisenbeiser adds. California is the only state that hasn’t adopted any version of the Food Code, which is voluntary.

Although FSMA rules don’t apply to retail food establishments, they do apply to most suppliers and manufacturers of food sold in stores, including the suppliers of ingredients and products used to prepare food in retail delis and fresh prepared departments in stores, Eisenbeiser says. Supplier programs play an important role in assuring food safety and that food is purchased from approved sources. FSMA includes a new Traceability Rule in section 204 that establishes additional traceability recordkeeping requirements which will become effective January 20, 2026.

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BEST PRACTICES TO OVERCOME CHALLENGES

Retail and foodservice establishments face ongoing challenges related to regulatory compliance with the Food Code. They include failure to have a strong hazard analysis (including identifying biological, chemical, and physical hazards); maintaining the highest standards of personal and facility hygiene, including strict handwashing practices; proper handling and labeling of allergens and avoiding allergen cross-contact; and proper temperature control of food items and monitoring temperatures during receiving, storage, preparation, cooking, and holding, says Tracy Fink, PCQI, director of scientific programs and science and policy initiatives at the Institute of Food Technologists in Chicago.

Fink advises maintaining a robust Hazard Analysis Critical Control Point (HACCP) system with a mindset toward preventive controls, even though they aren’t universally mandated for all retail and foodservice establishments. “This system has been proven to be an effective approach to food safety and demonstrates a commitment to providing safe and high-quality food products to consumers,” she says.

Fink also recommends conducting internal audits and working with external retail and foodservice auditing companies to conduct second-party audits to best protect consumers and public health.

Regarding hygiene, Vaccaro says poor personal hygiene is the root cause of norovirus, which is responsible for 58% of foodborne illnesses in the United States, according to CDC. Active managerial control, training, and accountability are key to ensuring that good hygiene is practiced within a food establishment’s culture.

New allergens also pose challenges. On January 1, 2023, FDA named sesame as the ninth major food allergen recognized in the U.S. “Retail and food service establishments should now be aware of any ingredients that carry a potential risk of including this allergen,” Dr. Schaffner says. “They should provide this information to customers by stating it on a product’s label, including a notification on a menu, or through other means.”

Temperature monitoring and holding time controls fall under the Food Code, and include but aren’t limited to facilities and equipment. FDA’s Current Good Manufacturing Practices for temperature control, and thermometer calibration programs are also applicable best practices, Fink says.  Vaccaro adds, “The primary challenge is to ensure that food managers and employees use calibrated thermometers to take food temperatures after cooking, cooling, storage, or any other situations in which foods need temperature control. This should be a part of an establishment’s food safety culture.” Equally important is to develop and maintain Standard Operating Procedures for all aspects of food receiving, handling, preparation, storage, and service, including waste disposal.

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KEEPING UP WITH REGULATIONS

To comply with the myriad regulatory requirements, Fink advises frequently checking the websites of regulatory agencies responsible for food safety in your region to obtain the latest updates on food safety regulations, recalls, and outbreak notifications. Sign up for email alerts or subscription services offered by regulatory agencies, as well as by health departments and food safety authorities. Consider joining industry associations and networks, which often provide members with information about industry best practices, regulatory changes, and emerging food safety issues. Additionally, it’s imperative to collaborate with local health authorities and establish a positive relationship with regulatory officials in addition to following regulatory agencies on social media.

Have executive or C-suite buy-in for fostering a culture of food safety within an organization is another big area to manage alone. Senior level support can really help with budget development and training resources. “Create an environment that supports collaborating with local health authorities and industry associations to gain valuable insight and guidance on navigating compliance challenges,” Fink says.

Recall notifications, market withdrawals, and safety alerts can be found at FDA’s Recalls, Market Withdrawals, and Safety Alerts webpage; USDA’s Recalls & Public Health Alerts webpage; and CDC’s Foodborne Outbreaks webpage. Additionally, many government agencies and food safety organizations offer email or RSS subscription services that provide notifications about food recalls, outbreaks, and other food safety alerts, Fink says. Government agencies and news outlets often share food recall and outbreak information on their social media platforms.

Work with suppliers to ensure the quality and safety of ingredients entering your establishment. “Verify that suppliers meet food safety standards and request relevant documentation, such as a Certificates of Analysis,” Fink adds, if that’s applicable to the type of business involved.

Many organizations provide training programs, tools, and other resources to help retail and foodservice establishments stay compliant with regulations. Fink recommends that these establishments invest in comprehensive food safety training for both new and long-term staff and management. For example, the National Restaurant Association administers ServSafe, a food and beverage safety training and certification program that covers critical aspects of food safety and handling in the foodservice industry. It’s accredited by the American National Standards Institute and the Conference for Food Protection, and has widespread recognition by the industry.

Stop Foodborne Illness has developed resources to help food establishments educate employees and advance their internal food safety culture. The organization’s Alliance to Stop Foodborne Illness provides a free Food Safety Culture Toolkit with insights and resources for assessment, communication, and gamified learnings, says Vanessa Coffman, PhD, the program’s director at Stop Foodborne Illness in Chicago.

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CURRENT FDA INITIATIVES

FDA is embarking on some new programs to ensure food safety. In the third core element of its New Era of Smarter Food Safety initiative, New Business Models and Retail Modernization, FDA is working to address how to protect foods from contamination as new business models emerge and change to meet modern consumers’ needs, according to an FDA spokesperson.

“The evolution of how food gets from farm to table continues with the emergence of e-commerce and new delivery models,” an FDA spokesperson tells Food Quality & Safety. “Changes in how food is produced continue to occur as new business models advance innovations in novel ingredients, new foods, and new food production systems.”

Regarding food sold at retail establishments directly to consumers, FDA is working with the Retail Food Safety Regulatory Association Collaborative to create tools and interventions to help regulators and industry implement science-based food safety laws and regulations, i.e., a Food Code adoption tool kit, and tools for industry to control risk factors for foodborne illness, i.e., use of Active Managerial Control and Food Safety Management Systems.

In October 2022, FDA and CDC entered a memorandum of understanding (MOU) designed to reduce the incidence of foodborne illness in retail and foodservice. According to an FDA spokesperson, the MOU outlines three primary goals:

1. Increase uniformity, consistency, and capacity of state, local, territorial, and tribal (SLTT) retail food protection programs;
2. Promote the retail food store and restaurant industry’s Active Managerial Control of foodborne illness risk factors and promote a culture of food safety; and
3. Maintain a strong FDA National Retail Food Team and CDC National Center for Environmental Health workforce to assist SLTT retail food protection programs.

Since entering the MOU, FDA and CDC have established a steering committee with a dedicated charter to develop a strategic action plan that includes both short- and long-term initiatives. Some of the focus areas within the plan include:

• Increasing focus on employee health practices and policies; SLTT regulators can provide training and tools to operators to help them create well developed and implemented employee health programs.
• Increasing SLTT retail food protection programs use of risk-based inspection methods and implementing environmental assessments during foodborne illness investigations.
• Achieving closer alignment to the national standard’s criteria for Foodborne Illness and Food Defense Preparedness and Response documents; and
• Increasing the use of effective intervention strategies to reduce occurrences of out-of-compliance foodborne illness risk factors.

Food safety practices in the retail and foodservice space are of vital importance to protecting public health, and regulations and food safety culture at that level can reduce risks. “With many different regulatory requirements nationwide, it’s important for retail food service facilities to know and understand the regulations that apply at each specific location,” Vaccaro says. “The best rule of thumb is to always apply the strictest regulation to all establishments.”

By Karen Appold

Source: https://www.foodqualityandsafety.com