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CFSAN/Retail Food Safety Team
DRAFT: February 28, 1998;
DRAFT: April 24, 2001;
DRAFT: June 28, 2001;
DRAFT: April 2003; DRAFT: January 2005;
DRAFT: December 2007
This standard applies to the regulatory foundation used by a retail food program. Regulatory foundation includes any statute, regulation, rule, ordinance, or other prevailing set of regulatory requirements that governs the operation of a retail food establishment.
The regulatory foundation includes provisions for:
The regulatory foundation contains provisions that are at least as stringent as the public health interventions and the provisions that control risk factors known to contribute to foodborne illness contained in the Food Code. To meet this element of the Standard, regulations must have a corresponding requirement for the Food Code sections as listed in Appendix A, Table A-1 and summarized in Table A-2, from #1 'Demonstration of Knowledge' through #11 'Highly Susceptible Populations'. For initial listing, the regulatory foundation must contain at least 9 of the 11 interventions and risk factor controls. In order to meet fully the requirements of the Standard, the regulatory foundation must meet all 11 of the interventions and risk factor controls by the third audit.
The regulations contain provisions that address Good Retail Practices that are at least as stringent as those described in the Food Code. To meet this element of the Standard, regulations must have a corresponding requirement for 95 percent of the Food Code sections as listed in Appendix A, Table A-3 and summarized in Table A-4, from #12 ‘Personnel’ through #37 'Variance for Smoking'.
The regulations contain provisions that address Compliance and Enforcement requirements that are at least as stringent as those contained in the Food Code. To meet this element of the Standard, regulations must have a corresponding requirement for each of the Food Code sections as listed in Appendix A, Table A-5, items 1 through 11. For item 12 pertaining to 'Legal Remedies', a corresponding regulatory requirement must be in place for at least one of the sections pertaining to criminal, injunctive, or civil penalties.
The desired outcome of this standard is the adoption of a sound, science-based regulatory foundation for the public health program and the uniform regulation of industry.
The quality records needed for this standard include: