Food Code - Statewide CEDEP Meeting

Adoption of the 2009 FDA Food Code
Statewide CEDEP Meeting
April 29, 2014
Hugh Atkins
Division of Env. Health
How did we get here?
• Current food law based on the 1976 Food
• Current law was passed in 1986.
• 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.
• 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.
• 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.
• March 21, 2013 passed full Senate 33-0
• April 3, 2013 passed full House 94-0
Public Chapter 182
• Signed into law by Gov. Bill Haslam on April
23, 2013.
• Provision of the Act go into effect July 1, 2015.
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
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
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
• The Person in Charge (PIC) must report to the regulatory
authority food employees with certain symptoms and
• Specific requirements for reinstatement of employees
diagnosed with Hepatitis and salmonella Typhi.
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
• If not serving a highly susceptible population, a
variance from the no bare-hand contact may be
granted under certain circumstances.
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
*Time as opposed to maintaining a temperature of 135®F or above and 41®F or
Demonstration of Knowledge
“The Person In Charge (PIC) shall Demonstrate Knowledge”
of foodborne disease prevention by one of the following
a) No critical violations of a routine inspection, or
b) Being a certified Food Protection Manager by passing an
exam from an ACCREDITED PROGRAM, or
c) Responding correctly to inspector’s questions based on
the Foodborne illness risk inherent in each establishment.
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.
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.
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
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
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
The End

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