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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
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Fall 2003
Editor: Cynthia C. Leggett
Designer: Ada Y. Nelson |
News from the States
Minnesota Nebraska
Pennsylvania Maryland
News from FDA
The Federal Food Safety Coalition was organized by FDA in 1999 in an effort to
encourage federal agencies with responsibilities for food safety to work more closely
together for a safer food supply. During this time period, food safety issues have evolved
from harmonizing requirements and standards to increasing communications, training, HACCP,
standardizing staff, focusing on risk factors and Food Code interventions and food
security.
More than 19 agencies and offices that offer direct food service or who have oversight
responsibility for food participate in the Coalition. They include:
U.S. Department of Health and Human Services
- FDA/CFSAN Retail Food Protection, Interstate Travel
- FDA/ORA State Training
- Indian Health Service
- Centers for Disease Control and Prevention
- Administration on Aging
- Headstart
- Center for Community Medicare and Medicaid
U.S. Department of Agriculture
- Food Safety and Inspection Service
- Child Nutrition Programs
U.S. Department of Homeland Security - U.S. Coast Guard
U.S. Department of Defense
- U.S. Army
- U.S. Navy
- U.S. Air Force
U.S. Department of the Interior National Park Service
General Services Administration
U.S. Department of Justice
- Bureau of Prisons
- Immigration & Naturalization Services
U.S. Department of Veterans Affairs Nutrition & Food Services
For more information, contact: Wendy Fanaselle, Consumer Safety Officer, Wendy.Fanaselle@cfsan.fda.gov and Shirley
Bohm, Consumer Safety Officer, Shirley.Bohm@cfsan.fda.gov
News from the States
Nebraska: The Mid-Continental Association of
Food & Drug Officials Annual Conference, will be held May 5-7, 2004, at the
Country Inn and Suites in Lincoln, Nebraska.
Nebraska Adopts 2001 Food Code: On April 16, 2003, Governor Johanns signed LB250 to
upgrade the states food code. LB 250 adopts major portions of the FDA 2001 Food
Code, modified after extensive review by the Nebraska Food Industry Review Board and state
and local food sanitarians. The bill carried the emergency clause and became effective on
April 17, 2003. Changes to the previous code include:
- Cold holding temperatures for potentially hazardous foods were lowered to 41° for foods
to be consumed/discarded within 7 days or to 45° for foods consumed/discarded within 7
days.
- Hot holding temperatures for potentially hazardous foods were lowered to 135°.
- Food handlers may not use fingernail polish or artificial fingernails unless wearing
gloves.
- Permanent structures must have plumbing that includes hot and cold running water and be
connected to an approved sewer system. This requirement affects parking lot coffee
kiosks but not temporary food stands.
- Establishments selling canned goods and other prepackaged non-potentially hazardous
foods are not subject to licensing and inspection.
- Food vendors at farmers markets selling baked goods and jams and jellies must display a
sign informing the customer that the food was not prepared in an inspected facility.
- Permit and inspection fees were increased by about 12%.
For more information contact George H. Hanssen, Bureau of Dairies and Foods, Nebraska
Department of Agriculture, at 402-471-2536, or georgehh@agr.state.ne.us.
Pennsylvania: The Department of
Agriculture completed the revision to the Milk Sanitation Regulations, Chapter 59.
(relating to labeling). Revised label requirement is that the cap, or nonglass, container
of pasteurized milk held in retail food stores, restaurants, schools or similar food
establishments for resale shall be conspicuously and legibly marked in a contrasting color
with the designation of the ''sell-by'' date - the month and day of the month after which
the product may not be sold or offered for sale. The designation may be numerical - such
as 8-15 - or may use an abbreviation for the month, such as ''AUG 15 or AU
15.'' The words ''Sell by'' or ''Not to be sold after'' shall precede the designation of
the date, or the statement ''Not to be sold after the date stamped above'' shall appear
legibly on the container. This designation of the date may not exceed 17 days beginning
after midnighton the day on which the milk was pasteurized.
The Department will periodically sample containers of pasteurized milk in the
possession of the processor or distributor. This sampling may occur at any time before the
pasteurized milk is delivered to the store or the customer. The Department will sample at
least one milk product from each processor each calendar year.
The samples shall be analyzed by a Pennsylvania-approved dairy laboratory, applying a
methodology set forth in the most current edition of Dairy Practices Council Guideline No.
10, entitled ''Guidelines for Maintaining and Testing Fluid Milk Shelf Life,'' to
determine whether the bacterial test results exceed the bacterial limits for the
pasteurized milk sell-by date designated on the retail container.
When two or more samples demonstrate a processor cannot produce pasteurized milk that
remains consistently within the bacterial limits for the 17-day sell-by period, the
Department will require the processor to use a sell-by date the Department will calculate
a revised sell-by date so that bacterial growth in the milk will not exceed the referenced
bacterial limits within that sell-by period if the milk is maintained in accordance with
the temperature standards for pasteurized milk.
The processor may submit samples to the Department for analysis to obtain approval to
resume the 17-day sell-by period for the product sampled. The Department will approve
resumption of a 17-day sell-by period when analysis of a sample demonstrates that
bacterial growth in the milk will not exceed the referenced bacterial limits within that
sell-by period if the milk is maintained in accordance with the temperature standards for
pasteurized milk. For more information, contact James C. Dell, Chief, Division of Milk
Sanitation at jdell@state.pa.us.
Minnesota:
- Program Updates
The Dairy, Food and Meat Inspection Division recently hired two management personnel. Dr.
Heidi Kassenborg is managing the Departments Emergency Response unit and as an
epidemiologist is in charge of conducting food borne illness investigations. Heidi is a
veterinarian with a Masters degree in public health and previously worked for the
Minnesota Health Department. Dr. Nicole Neeser is managing the Divisions Meat,
Poultry and Egg Inspection program as well as working with the dairy inspection program
consulting with dairy inspectors as a veterinarian. Nicole previously was an instructor at
the University of Minnesota in the Center for Animal Health and Food Safety.
- Training
Recently the Inspection personnel of the Dairy, Food and Meat Inspection program and State
and local health departments had the opportunity to attend a training session on
developing food safety programs with a bit of a twist. Normally training sessions are
comprised of long lectures and stale box lunches. This training started on a Tuesday
morning in the meat laboratory at the University of Minnesota. The students were told that
they are the owners of a meat processing plant and had to develop a meat product, write a
sanitation program for the plant and develop a hazard analysis critical control point plan
to ensure food safety. Meat, spices, casings and all the necessary equipment was provided
to produce Canadian bacon, bratwurst, smoked country sausage and wild rice bratwurst
patties. Students made the product, cleaned the equipment and then determined the
effectiveness of the cleaning using bioluminescence technology. The products produced
became their lunch on the second day of the training. Fifteen students participated and an
additional two workshops are planned for November, 2003 and March of 2004.
- Minnesota Regulatory Actions
Minnesota Statutes allow for farmers to sell raw milk directly from their farm for
occasional sales. However, one farmer in the central part of the state has attempted to
develop a sales route selling raw milk and butter manufactured from raw milk. Inspection
personnel from the Department observed the farmer selling the milk and the Department has
issued a discontinuance order. However, this individual has been issued this order before
and the case has been turned over to a prosecuting attorney to obtain a court injunction
prohibiting the sale of raw milk. Samples of the milk were analyzed in the
Departments laboratory and had a standard plate count over 3 million, somatic cell
exceeded 900,000 and was positive for E-coli. There have been 17 outbreak cases
of food borne illness this year in Minnesota associated with the consumption of raw milk.
- Milk Quality
One of the major issues relating to dairy inspection in the state is the quality of milk
relating to high somatic cells. Because of this the Department and the University of
Minnesota have developed a training program with printed material and a CD for dairy
producers, processing plants and equipment companies on ways of reducing somatic cells in
milk. The Quality Count program began with workshops and train-the-trainer programs. The
Department believes that many producers can reduce their somatic cells through an
educational program like this rather than through the regulatory process
- For more information, contact Kevin Elfering at Telephone 651-297-7453 or Kevin.Elfering@state.mn.us.
Maryland: Following are some updates from the Maryland
Board of Pharmacy:
- Effective July 1, 2002, the Maryland Board of Pharmacy no longer issues manufacturing
permits or free sales certificates to manufacturers.
- Effective February 17, 2003, applicants for a pharmacists license are not required
to complete a laboratory examination in order to become licensed as a pharmacist in
Maryland. Additionally, an individual who wishes to reinstate their license will no longer
be required to complete the laboratory examination.
- To date, the Board has recruited over 900 volunteer pharmacists and pharmacy
technicians, and over 500 have been trained. Recruitment and coordination of meetings and
trainings are ongoing.
- Governor Ehrlich has newly appointed the following members to the Maryland Board of
Pharmacy Mr. Joseph DeMino, Chain Drug Store, Mr. Christiaan Blake, Consumer
Representative and Mr. Mark Levi as the At-Large member.
For more information, contact Joan Lawrence, Public Information Manager at (410)
764-4755 or email: jlawrence@dhmh.state.md.us.
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