Legal Aspects of Food Safety

4.11.2014

Legal Aspects of Food

Whos in charge

USDA
o Oversees FSIS the agency responsible for the commercial supply of
Meat, poultry and Eggs
o Grading beef and pork Prime, choice, select
FDA
o Oversees food safety in the rest of the food supply chain
o CFSAN Centers for Food Safety and Nutrition
o CVM Center for Veterinary Medicine One Health
o Inspects manufacturers and processors not retail , not restaurants
State and Local Health Departments
o State accepts Food Code 2005, 2009, 2013
o Local Health Departments enforces the Food Code in restaurants,
grocery stores etc
o Local Health Department can apply for stringent rules than what is in
the food code

Health Inspection

Inspector must present credentials and explain intent to inspect

Inspector can obtain a warrant if necessary
Inspector must document, food operator should sign inspection results. If
they choose not to sign
o Inspector should note they chose not to sign
o Signing does not mean the food operator agrees with the violations
o Not signing does not mean they do not need to comply, operators must
comply whether they agree with the violations or not
o Operator can request judicial review
Priority violations
o fix immediately or within 10 days
o Includes time/temp abuse, cross-contamination, personal hygiene, loss
of water, power etc.
Core Item violations
o Fix within 90 days
o Includes less critical items like dirty floors, walls, drains etc
Imminent health hazard
o Operator must shut down and call regulatory authority imediately
o Sewage backup, outbreak, loss of water etc

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Adulterated Food

It contains any poisonous or deleterious substance that may render it

injurious to health
o Biological hazards
Bacteria, viruses, parasites
Protazoa, prions, fungi
o Chemical hazards
Pesticides(inappropriately applied), methylmercury (fish), dioxins
(pulp and paper mills), naturally occurring toxins (mushrooms,
puffer fish)
Cleaning chemicals, unsafe color additives
o Physical hazards
Wood, pits, pieces of metal
Plastic, jewelry etc
Dishonestly presented unlisted ingredients, ingredients that may cause
illness

Mislabeled food

False or misleading representation intentionally deceptive

Ingredients that do not include the common name in the ingredient list (2 or
more times) even if the name is somewhere else on the package
COOL (Country of Origin labeling ) inaccurate geographical location listed on
the food
If it is imitation food (ie Krab) but not labeled as such
Current examples: Extra Virgin olive oil is frequently not extra virgin and
labeled as such, honey that is ultra-filtered is no longer considered honey, but
will be labeled as honey
Proper label name/address of manufacturer, accurate quantity and contents
Intentional or unintentional mislabeling of allergens - 8 Main allerges
o tree nuts, peanuts, milk, eggs
o soy, gluten, fish, shellfish

Responding to Emergencies
Emergencies include

Natural disasters et al hurricanes, floods, power outages

Unintentional contamination improper processing for example time temp
abuse
Deliberate contamination

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4.11.2014

2013, January - It was disclosed that horse meat contaminated beef burgers had
been on sale in Britain and Ireland.

2013, May - A Chinese crime ring was found to have passed of rat, mink, and small
mammal meat as mutton for more than 1 million USD in Shanghai and Jiangsu
province markets.[66]

Emergency response

Planning group from all disciplines write a plan, practice/drills

ID who to contact which agencies

Define triggers when do we shut down?

There are 5 reportable illnesses if a food worker has been diagnosed with one of these
illnesses, they must report it to their manager. They should be removed from the area with
unpackaged food and the manager should notify the health department
o

HENSS

H Hepatitas A

E E.coli

N Norwalk (Noro) virus

S Samonella

S Shigella

Recalls

An investigation begins with a known or suspected food

Traceback
o

Involves both record review and interviews

Traceback should find source or sources, is the contamination in more then 1 food,
how did it get to market? Tomato/jalapeno recall

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4.11.2014

Examples of how to trace back

Shellfish tags are kept on hand for at least 90 days to determine where the
bad shellfish were harvested

E.coli in ground beef NY Times article one victim had one hamburger
with beef from 4 countries

Traceback procedures
o

Is there epidemiological evidence that a particular food is at fault

Traditional epidemiology conducts interviews. If 20 people at the same food

form the same restaurant on the same day, and they have similar symptoms,
then we probably can find the source of the outbreak

Molecular epidemiology compares DNA samples from bacteria found in the

food to bacteria found in victims fecal samples

Are you sure there are not mitigating factors cross contamination at the Point of
Service

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POS Point of Service (ie restaurant or grocery store)

review records, temp logs, receiving logs etc

Was the food labeled properly, what was on the label

When was it shipped and received did issue occur on the truck

Was it handled appropriately at the restaurant

Did they have good SOPs like FIFO

How do they order and inventory

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Legal Aspects of Food Safety

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4.11.2014

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A Division of Sealed Air Corporation