New FSMA Rules: Implications For Temperature Monitoring

Food service businesses are expected to improve the safety of food eaten by consumers with the introduction of the Food Safety Modernization Act (FSMA). The U.S. Food and Drug Administration (FDA) have released final rules addressing several food safety issues over the past few months, with a few of the outstanding rules being released in 2016. The question many businesses ask themselves is: “Do they apply to me?”

The answer is not a simple yes or no. It depends. FSMA compliance can be a complex process. Each element of the food chain from grower to consumer is expected to comply with requirements to keep food safe through robust environmental monitoring, with a particular focus on temperature monitoring.

Fortunately the FDA has used the experience of the industry to help guide the FSMA rules. And they’ve been released at a time when consumer confidence in the safety of their food of at an all-time low. With national headlines breaking news of salmonella, E. coli and shigella outbreaks at small eateries and major restaurant chains on an all-too-regular basis, it’s not surprising. Unfortunately, breaking down environmental monitoring rules can be a tedious task and leave some confusion or require interpretation.

SOURCE: CBS News

Questions about what businesses or sectors are included, as well as specific regulations regarding temperature monitoring, are common. As a way of background, a look at the FDA’s FSMA Frequently Asked Questions offers the following:

1. How big a problem is foodborne illness in this country?
   
   
   About 48 million people (1 in 6 Americans) get sick, 128,000 are hospitalized, and 3,000 die each year from foodborne diseases, according to recent data from the Centers for Disease Control and Prevention. This is a significant public health burden that is largely preventable.
2. What are the major elements of the FDA Food Safety Modernization Act?
   
   Preventive controls - FDA has a legislative mandate to require comprehensive, prevention-based controls across the food supply to prevent or significantly minimize the likelihood of problems occurring.

   Inspection and Compliance - FDA is committed to applying its inspection resources in a risk-based manner and adopting innovative inspection approaches.

   Imported Food Safety - FDA has new tools to ensure that imported foods meet U.S. standards, are safe for our consumers and certify that foreign food facilities are complying with U.S. food safety standards.

   Response - For the first time, FDA has mandatory recall authority for all food products.

   Enhanced Partnerships - The legislation recognizes the importance of strengthening existing collaboration among all food safety agencies—U.S. federal, state, local, territorial, tribal and foreign--to achieve our public health goals.

3. How will FDA implement FSMA?
   
   
   Since January 2013, FDA has proposed seven foundational rules to implement FSMA. Those rules become final in 2015 and 2016:

   Preventive Controls for Human Food: Requires that food facilities have safety plans that set forth how they will identify and minimize hazards. Final rule issued: Sept. 10, 2015.

   Produce Safety: Establishes science-based standards for growing, harvesting, packing and holding produce on domestic and foreign farms. Final rule issued: Nov. 2, 2015.

   Foreign Supplier Verification Program: Importers will be required to verify that food imported into the United States has been produced in a manner that provides the same level of public health protection as that required of U.S. food producers. Final rule issued: Nov. 2, 2015.

   Third Party Certification: Establishes a program for the accreditation of third-party auditors to conduct food safety audits and issue certifications of foreign facilities producing food for humans or animals. Final rule issued: Nov. 2, 2015.

   Sanitary Transportation: Requires those who transport food to use sanitary practices to ensure the safety of food. Proposed January 2014. Final rule deadline: March 31, 2016.

   Intentional Adulteration: Requires domestic and foreign facilities to address vulnerable processes in their operations to prevent acts intended to cause large-scale public harm. Final rule deadline: May 31, 2016.

FSMA has arrived, and more is coming. Temperature monitoring is a key factor to help ensure food safety and meet compliance requirements. Each element of the food industry has its role to play and FSMA provides guidance, rules and enforcement to let consumers know their food is safe to eat.