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S.A.I.L.

State Action Information Letter

Published by the Division of Federal-State Relations
Office of Regulatory Affairs
Food and Drug Administration

Report from the Director

"Innovative Food Safety Grants to State and Local Agencies: A Showcase of the Outcomes" is the title of a free satellite teleconference sponsored by the Food and Drug Administration. The teleconference is scheduled for Thursday, September 26, 2002, from 12:30 - 4:30 p.m. EDT. This important teleconference is aimed at State and local regulatory agencies, FDA field offices, food establishments interested in promoting safe food practices, academia and others involved in food safety education, as well as all who are interested in pursuing innovative food safety grants. For information on innovative grants, see  http://www.fda.gov/ora/fed_state/Innovative_Grants.html. For information on viewing the teleconference, go to http://www.fda.gov/cdrh/ohip/dcm/html/grants.html.

Look forward to having you join us!

Richard H. Barnes

Reports from the States

The Texas State Food Safety Task Force has scheduled a 1 1/2-day Food Safety and Biosecurity Symposium for September 11-12, 2002, in Arlington, Texas, located mid-way between Dallas and Fort Worth. Nationally recognized speakers in food safety (farm to fork) and biosecurity will be featured. It is anticipated as many as 50 local health officials will receive scholarships to participate, using a combination of FDA Small Conference Grant funds and a large Grant from USDA/FSIS. Look for more on this in late summer.

Due to large projected shortfalls in revenue in Texas, preparation of the FY 2004-05 budget by the Bureau of Food and Drug Safety in the Texas Department of Health is, for the first time in 30 years, considering the elimination of some positions. TDH is attempting to keep these position cuts to a minimum. However, unless the Legislature provides some relief to the Budget Cap, cuts may be unavoidable.

Texas continues to regulate the safety and labeling of Ephedrine-containing products. There is a mandatory warning statement for the supplement products, along with a requirement for the FDA MedWatch telephone number. During the past six months TDH has issued over 55 Warning Letters to both Texas and out-of-state companies marketing such products in Texas. The majority has complied, but the State is now embargoing products that are still out of compliance and for which the distributors have previously been warned. The State has also found numerous products labeled with fanciful names intimating drug and illicit drug claims, and following warnings, these, too, are being embargoed.

The State continues to use the legal means available to ensure that foods produced and/or marketed in Texas are safe and properly labeled. This includes the use of Administrative Penalties, along with civil penalties through the Office of the Attorney General, Consumer Protection Division. In most cases settlements are reached before a formal hearing or trial is held, but even in these instances penalties may be as high as $50 - 100,000.00. It is important to note that, unless fraud is involved, the State makes every attempt to obtain voluntary compliance prior to taking official regulatory action. Currently, there are over 20 cases in some stage of formal enforcement, ranging from restaurants to large food manufacturers and wholesalers, including dietary supplements.

It is important to note that, under the Texas Food, Drug, and Cosmetic Act, TDH also regulates advertising, including the Internet. Often, products, especially supplements, are misbranded and linked to outrageous and sometimes totally false claims on a company’s web site. In all cases involving dietary supplements, TDH examines the Internet for web sites in order to check for additional misleading or false claims for the products. More information will be available when TDH has completed several important cases and can discuss the details. For more information contact Dan Sowards, Director, Manufactured Foods Division, Texas Department of Health, Telephone 512-719-0243 or Fax 512-719-0263.

COLORADO:

On May 11, 2002, the I. Kunik Company of McAllen, Texas issued a press release regarding a voluntary nationwide recall of Susie brand cantaloupes, imported from Mexico and distributed throughout the United States and Canada. The cantaloupe was recalled due to an association with outbreaks of foodborne illness linked to Salmonella poona throughout the United States and Canada. Susan Parachini, recall coordinator for the Consumer Protection Division of the Colorado Department of Public Health and Environment, determined the recalled product had been distributed to a food broker in the Denver metro area. The shipment received by the broker was delivered to an area Albertson’s distribution warehouse. The shipment of cantaloupes, initially rejected by Albertson’s due to quality issues, was delivered to a salad company for salvage and reprocessing. After reprocessing, 982 of the original 1,120 cases of cantaloupe were returned to the Albertson’s warehouse. The salad company sold some of the remaining 138 cases of product directly to consumers from their location and attempted to salvage the remainder, but determined the quality of the remaining melons was too poor and disposed of the product.

The cantaloupes were then distributed to Albertson’s stores in Colorado, Wyoming and South Dakota. After receiving the recall notification, Albertson’s did remove all remaining product from their store shelves. A follow-up report by Albertson’s indicated they removed all whole melons, both Susie brand or brand unknown, any cut melons and any product containing cut melon. They discarded 1100 cases or approximately 39,600 lbs. of cantaloupe.

Due to the potential risk for other consumers to become ill from this recalled product, the Colorado Department of Public Health and Environment issued a press release recommending consumers who may have any of the suspect melon not to consume the product. DNA fingerprinting confirmed one illness in Colorado associated with the consumption of this contaminated cantaloupe. It was learned that the ill individual did not consume the product. For more information, contact Therese Pilonetti at Telephone (303) 692-3742, Fax (303) 753-6809 or therese.pilonetti@state.co.us

NEW YORK:

Change is in the air! New York's Division of Milk Control is now called the Division of Milk Control and Dairy Services. The director is Will Francis. He can be reached at Will.Francis@agmkt.state.ny.us.

KENTUCKY:

The Kentucky Cabinet for Health Services, Department of Public Health has announced a number of personnel changes. Samuel J. Burnette has been appointed Director of the Division of Public Health Protection and Safety, while Guy F. Delius has been appointed Assistant Director of the Division. Prior to assuming the position of Director, Mr. Burnette served as Assistant Director, and Mr. Delius served as Manager of the Food Safety Branch.

In the meantime, Ms. Anita Travis has been named Manager of the Food Safety Branch. Ms. Travis is a thirty-nine year veteran of Kentucky State Government, having previously served as manager of the division’s Information and Support Branch. Prior to assuming the reins as branch manager, Travis served in the capacity of Environmental Health Supervisor, with oversight of a number of branch programs, including food manufacturing and retail food. Ms. Travis was also instrumental in the development of the cabinet’s boarding home and tattoo/body piercing regulations.

She brings a wealth of knowledge and past leadership experience to her new position, and is enthusiastic about managing Kentucky’s Food Safety Program as it addresses the food safety challenges of the 21st century. Ms. Travis is a Registered Sanitarian and Past-President of the Kentucky Association of Milk, Food and Environmental Sanitarians. In 2001 she was also named by Dr. Rice C. Leach, Commissioner, Kentucky Department for Public Health, as the recipient of the Commissioner’s “Excellence in Leadership” award. Ms. Travis has also served in various leadership capacities with a number of local, state, and regional public health and food safety organizations. For more information, contact Anita Travis at (502) 564-7181, ext. 3718.

MARYLAND:

The Maryland State Board of Pharmacy reports that over 600 pharmacists and 100 technicians have answered the call for volunteers in case of a state emergency. This is in response to our heightened state of alert since 9-11. A database will enable the state to rapidly contact and assign pharmacists and technicians to designated areas of the State. A plan is being developed to allow pharmacists to provide counseling and rapidly dispense medications to affected persons based on the level of illness and special considerations, i.e., pregnancy, allergies, etc. Meetings to coordinate the total effort are on going at this time. For more information, contact Joan Lawrence, Public Information & Education Officer at (410) 764-4755.

NEW HAMPSHIRE:

New Hampshire announces two vacancies: Position # OCPH070, Environmental Sanitarian I, Department of Health and Human Services, Office of Program Support/Licensing & Regulation Services/Bureau of Food Protection/Concord. Salary range: $27,456.00 - $36,777.00. Position #OCPH071, Program Specialist III, Salary range: $33,832.50 - $46,059.00. To apply, applications may be obtained from Human Resources at DHHS, 129 Pleasant St., Concord, NH 03301, (603) 271-4286, or download and print one from http://www.state.nh.us/das/personnel. For more information, contact J. Welch at (603) 271-4589.

NEHA Survey Available:

In March, the National Environmental Health Association (NEHA) announced the availability of its 2002 Nationwide Salary and Benefits Survey of Local/County Environmental Health Professionals. This survey shows how salaries and benefits for environmental health professionals compare to the same job in different locations and population densities; how differences in salaries and benefits might be related to cost of living, job position, years of experience, credentials held and service area populations; and how environmental health salaries compare to salaries in other professions. For more information, contact Kim Brandow at (303) 756-9090, ext. 306 or at kbrandow@neha.org.

HACCP for Juice Processors Course Available

The Food Processors Institute is sponsoring a course entitled "HACCP for Juice Processors" August 21-23, 2002 in Ontario, CA and September 11-13, 2002 in Miami, FL. This course is designed to bring processors up-to-date on FDA's Juice HACCP regulation (21 CFR, Part 120). NFPA and juice experts will provide training essential to the smooth implementation of the regulation. The course meets the educational requirements cited in the regulation. For more information, contact Food Processors Institute at 1-800-355-0983, or (202) 393-0890, or by e-mailing them at fpi@nfpa-food.org or at http://www.fpi-food.org.

Note from the Editor:

Don't know where I've been, but just noticed the "Federalism Outreach #11" that issued to the states and others on June 14, 2002. I found it to be a rather newsy, interesting piece. It comes from FDA's Regulations Policy and Management Staff and enables the states and others to become involved in the development of regulatory policies that have direct impact on them. So, if, like me, you haven't seen this, check it out at http://www.nara.gov.

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