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Michigan Food Law 2007 Update

Michigan Food Law 2007 Update. Food Law Changes. Food Law Workgroup 18 months Legislative Process 4 months Implementation & Rules 14+ months. Michigan Restaurant Association Michigan Grocers Association Associated Food and Petroleum Dealers Michigan Meat Association MALPH / MALEHA

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Michigan Food Law 2007 Update

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  1. Michigan Food Law 2007 Update

  2. Food Law Changes Food Law Workgroup 18 months Legislative Process 4 months Implementation & Rules 14+ months

  3. Michigan Restaurant Association Michigan Grocers Association Associated Food and Petroleum Dealers Michigan Meat Association MALPH / MALEHA Washtenaw, Oakland, Calhoun, DHD 10, Marquette, Ingham, Kalamazoo, Lenawee, Barry-Eaton. Michigan State University MSU Extension MSU Institute of Food Laws and Regulations Michigan Agribusiness Association MSU Food Safety Policy Center Michigan Food Bank Council Spartan Stores Michigan Dairy Food Association Michigan Food and Beverage Association Michigan Apple Committee Michigan Hotel & Motel Association Michigan Farmers Market Association Southwest Michigan Beekeepers Association Great A&P Tea Company (Farmer Jack) Michigan Retailers Association Michigan Licensed Beverage Association Michigan School Business Officials Michigan Farm Bureau Michigan Distributors and Vendors Michigan Sugar National Sanitation Foundation Michigan Food Processors Association Michigan Soft Drink Association Food Law Workgroup Food Law/Food Code

  4. Effective Dates • Fee sections effective 1/1/08 (6151) • Sections 2125, 3119, 4103 • Other sections effective 4/1/08 Food Law/Food Code

  5. Evaluation replaces Inspection • This change recognizes the increased complexity and systems based focus of a risk-based evaluation. • 1105 (C) "EVALUATION" MEANS A FOOD SAFETY AUDIT, INSPECTION, OR FOOD SAFETY AND SANITATION ASSESSMENT, • WHETHER ANNOUNCED OR UNANNOUNCED, • THAT IDENTIFIES VIOLATIONS OR VERIFIES COMPLIANCE WITH THIS ACT AND • DETERMINES THE DEGREE OF ACTIVE CONTROL BY FOOD ESTABLISHMENT OPERATORS OVER FOODBORNE ILLNESS RISK FACTORS. Food Law/Food Code

  6. 1107 (L) "FOOD SAFETY AND SANITATION ASSESSMENT" MEANS JUDGING OR ASSESSING SPECIFIC FOOD HANDLING ACTIVITIES, EVENTS, CONDITIONS, OR MANAGEMENT SYSTEMS IN AN EFFORT TO DETERMINE THEIR POTENTIAL EFFECTIVENESS IN CONTROLLING RISKS FOR FOODBORNE ILLNESS AND REQUIRED COMPLIANCE WITH THIS ACT, ACCOMPANIED BY A REPORT OF FINDINGS. (M) "FOOD SAFETY AUDIT" MEANS THE METHODICAL EXAMINATION AND REVIEW OF RECORDS, FOOD SOURCES, FOOD HANDLING PROCEDURES, AND FACILITY CLEANING AND SANITATION PRACTICES FOR COMPLIANCE WITH THIS ACT, ACCOMPANIED BY A REPORT OF FINDINGS. FOOD SAFETY AUDIT INCLUDES CHECKING OR TESTING, OR BOTH, OF OBSERVABLE PRACTICES AND PROCEDURES TO DETERMINE COMPLIANCE WITH STANDARDS CONTAINED IN OR ADOPTED BY THIS ACT, ACCOMPANIED BY A REPORT OF FINDINGS. 1109 (B) "INSPECTION" MEANS THE CHECKING OR TESTING OF OBSERVABLE PRACTICES AGAINST STANDARDS ESTABLISHED IN OR ADOPTED BY THIS ACT, ACCOMPANIED BY A REPORT OF FINDINGS. Food Law/Food Code

  7. Evaluations • May be announced (3123) • Intent is to keep most evaluations unannounced, but provide flexibility to make appointment when needed. • Follow-up required within 30 days for critical violations. (6129) • May confirm corrections vs. make visit • Provides flexibility for use of photos, logs, phone calls, etc. • Intent is not to eliminate follow-up visits. • Implementation will be agency specific. Guidance Coming Food Law/Food Code

  8. Evaluations Guidance Coming • Optional risk-based food service evaluation schedule is being developed. • LHDs can retain 6 month schedule or use risk-based schedule. (3123) • Risk-based evaluations required as described in 2005 Food Code, Annex 5, section 4(A-H). (6129) Food Law/Food Code

  9. Evaluations • STFU EVALUATIONS- must be “SPACED GENERALLY OVER THE SPAN OF THE OPERATING SEASON” to avoid back to back evaluations.(6137d) • PHOTOS & TRADE SECRETS- “THE DIRECTOR MAY TAKE PHOTOGRAPHS OR COPY RECORDS AS PART OF AN EVALUATION. WHEN A FOOD ESTABLISHMENT IDENTIFIES BY WRITTEN DOCUMENT OR MARK THAT A CERTAIN AREA OR RECORD CONTAINS VISIBLE TRADE SECRETS, THE DIRECTOR SHALL IDENTIFY ANY PHOTOGRAPHS OF THAT AREA OR RECORD AS BEING CONFIDENTIAL AND SHALL DILIGENTLY PROTECT THE CONFIDENTIALITY.” (2111(3)) Guidance Coming Food Law/Food Code

  10. Manager Certification • Requires 1 certified managerial employee by June 30, 2009. (2129) • Applies to: • All food service establishments except: • mobile food establishments • special transitory food units (STFU’s) • vending machine locations • temporary food service establishments • Extended retail food establishments. • A food service establishment within a retail grocery. Food Law/Food Code

  11. Manager Certification Guidance Coming • Rules and enforcement policy guidance being developed by 1/09 to define requirements. • MDA will no longer review and approve training materials or programs. • Managers must pass a proctored exam. • Exams must be ANSI certified. There are several nationally certified exams available. • Taking a class is recommended, but not required. Food Law/Food Code

  12. Guidance Coming Consumer Advisory (6149) • Follow the 2005 FC or provide the following information on selection information so that it is publicly available: • “ASK YOUR SERVER ABOUT MENU ITEMS THAT ARE COOKED TO ORDER OR SERVED RAW. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS.” • May modify to make product specific • Example: remove seafood if no seafood served. Remove raw if only undercooked (but not raw) food is served. • Location of statement not specified in law. • 11 point font size, contrasting background same language as menu retained. • Table tents, placards, etc. exempt if on primary menu Food Law/Food Code

  13. Milk Products • Requires pasteurized ingredients (milk, eggs) for milk products made or sold in any retail food establishment (includes food service). (6140) • Flavorings or other ingredients added after making the milk product must be safe. • Milk product also defined (ice cream, yogurt, eggnog, cheese, butter, crème fraîche, etc.) • Provides matching requirements in milk and food laws. Milk law now exempts dairy licensure if product made per food law in a licensed food establishment. • Wholesaling requires a dairy license. Food Law/Food Code

  14. Juice and Seafood HACCP • Cider- manager certification required • Cider facilities will now be regulated under the Juice HACCP rule, 21 CFR part 120 (7106) • Seafood processors, warehouses and wholesalers will now be regulated under the Seafood HACCP rule, 21 CFR part 123 (7105) Food Law/Food Code

  15. Meat • Mirrors the Federal standards for Ground Poultry and Poultry Sausage, Chapter 7 • Defines poultry to include ratites – chicken, ducks, turkey, ostrich, emu (7113) • Defines ground poultry and ground poultry meat (7125) Food Law/Food Code

  16. Meat • Mirrors the Federal prohibition of specified risk materials (BSE) in meat. (7113) • Mirrors the Federal use of spices, seasonings and antioxidants in meat products. (7115) • Replaces venison with cervid to incorporate all cervidiae, elk, deer etc. (7113) Food Law/Food Code

  17. Emergencies • “THE DEPARTMENT MAY RECOGNIZE EMERGENCY PLANS THAT, IF BEING FOLLOWED, SERVE AS A MEANS TO USE TEMPORARY ALTERNATIVE PROCEDURES FOR CONTINUITY OF OPERATION.” (6147) • Recognizes MDA Emergency Action Plan document or establishment specific emergency plans as a method of staying open, if followed. Food Law/Food Code

  18. Licensing • New Exemptions (4105): • Packaged, single-service ice cream trucks • Food industry, non public trade shows • Feeding operations set up in response to an emergency or disaster • Non-profit cooperatives selling or using unprocessed products better defined. • License revoked for “egregious violations” of 5101 A-C may be refused a license for 2 years. (4125 (3)) • Active mgmt. required for 1 license under 1 roof. Agency can determine active. (4101(2)) Food Law/Food Code

  19. Fees • MDA STFU plan review fee increased from $177 to $197. (2123e) • MDA mandatory plan review fee of $197. (2123f) • Schools are no longer fee exempt. • MDA establishments- pay all fines & fees before license issuance. (4111) • Temporary Licenses- Double fee authority for applications made less than 4 days in advance (4103). • MDA establishments- Initial application license fees are non-refundable. (4111) • MDA may charge convenience fee for license processing (i.e. paper vs. web) Food Law/Food Code

  20. Other Definition Changes • Allows Bed & Breakfast’s with 10 or fewer sleeping rooms to serve meals other than breakfast. (1105xv(c)) • "FAIR CONCESSION" MEANS A FOOD CONCESSION, STORAGE, PREPARATION, OR DISPENSING OPERATION AT A STATE OR COUNTY FAIR. • Defines Juice and Milk Product • Definitions match federal juice and Michigan milk law definitions. Food Law/Food Code

  21. Citable Food Law Sections • 2105- Seizure • 2107- Adulterated food • 2109- Destruction of food • 2113- Cease operations • 2121-23- License limitations • 2129- Manager certification • 5101- Prohibited acts • 6140- Milk products • 6141- Antichoking poster display • 6149- Consumer advisory • Chapter 8- Labeling and prohibited acts Guidance Coming Food Law/Food Code

  22. 2005 Food Code

  23. 2005 Food Code Please review summary of changes in annexes of : 2005 Model Food Code 2001 Model Food Code for a comprehensive list of changes from the 99 to the 01 to the 05 Codes. Food Law/Food Code

  24. FC – Chapter 1 Definitions • Eggs, Egg products, baluts, • Major Food Allergen • PHF/TCS definition and tables • more to come in Chapter 3 discussion • Replaced table mounted equipment with counter mounted equipment. Food Law/Food Code

  25. FC - Chapter 2 • Requires managers to demonstrate knowledge of allergens • Food employees are informed of responsibility to report diseases that are transmissible through food. • Specifies correct hand wash sequence and how to avoid recontamination. • Replaced the term “hand sanitizer” with “hand antiseptic” Food Law/Food Code

  26. FC – Chap. 2 Employee Health • Employee Health – significant changes • 2-201.11 and 2-201.12 – simplified in many respects, please review • Big 4 now Big 5. Adds Norovirus to list. • Norovirus exposure w/in 48 hours is reportable based on conditions of exposure: • to contaminated food • exposed by attending or working • or living with ill people (H/O) Food Law/Food Code

  27. FC – Chap. 2 Employee Health Employee ill with vomiting or diarrhea • No Norovirus diagnosis • Must exclude until asymptomatic for 24 hours • Diagnosed with Norovirus • Either physician diagnosed or positive lab • Must exclude until asymptomatic for 24 hours • Then must exclude HSP or restrict non-HSP until: • Have Regulator & Physician OK or • Regulator OK and asymptomatic for 48 total hrs. • includes 24 hrs. above • Recommend consulting with MDA on diagnosed cases Food Law/Food Code

  28. FC – Chap. 2 Employee Health • Restriction and exclusion charts and tables- pages 333-343 of 2005 FC, Annex 3 Food Law/Food Code

  29. FC – Chapter 3 • Requires that eggs be received in refrigerated equipment (i.e. truck) operating at 45°F or less • Requires egg products to be pasteurized • Requires the fluid and dry milk products be pasteurized • Shell stock tags need to be kept 90 days from harvest – not from the date empty container Food Law/Food Code

  30. FC – Chapter 3 Bare Hand Contact –3.301.11 • Requires that Regulatory Authority approve a plan for BHC with RTF(recommended submission form in annex 7, form 1D) • Spells out what must be in the plan (H/O) • That the plan must be in writing • Plans must include Employee Health policy in writing and documentation Food Law/Food Code

  31. FC – Chapter 3 Wiping Clothes – Use and handling • Clarifies and simplifies this section 3-304.14 • Dry vs. Wet wiping cloths continues • Continued separation of raw and ready to eat wiping cloths • Requires that containers be stored off of floor and handled so that they do not contaminate FUELS Food Law/Food Code

  32. FC – Chapter 3 To allow for consumption of raw or partially cooked fish the following are new options: • Fish and Seafood adds one more option for freezing and parasite destruction • Aquacultured fish raised on pellets which contain no viable parasites • Documentation is required for all parts of these sections 3-402.11 and 3-402.12 Food Law/Food Code

  33. FC – Chapter 3 Reheating and Holding of Food • Reheating must be rapid and not exceed two (2) hours 3.403.11 • Hot Holding Temperature is now 135°F • Cooling from hot, 2+4 hours max. • Cooling from ambient, 4 hours max. • Holding temperatures, at ≥ 135°F or ≤ 41°F 3-501.11 and 3- 501.16 Food Law/Food Code

  34. FC – Chapter 3 Date marking • Allows for variations – firm must have policy and follow it, if not, the food is not considered date marked. 3-501.17 • New exemptions from date marking: • Exemption eliminated if product modified • Commercially prepared deli salads • shelf stable USDA sausages and meat products. 3-501.17(F)1-7 Food Law/Food Code

  35. FC – Chapter 3 Time as a public health control • Written procedures are required, two methods are allowed 3-501.19 • (Cold & Hot) Does not require temp. monitoring. May start with 41°F or 135°F with a max. time of 4 hours to cook or discard. • (Cold Only) Requires temp. monitoring. Starts at 41°F and max. time of 6 hours or temp. of 70°F to cook or discard. Food Law/Food Code

  36. FC – Chapter 3 Variance Requirement • Changes to list of facility types requiring a variance • Deletes brewing alcoholic beverages • Adds molluscan shellfish life-support display tanks (if offered for human consumption) • Adds sprouting seeds or beans (wheatgrass is a sprouted seed) 3-502.11 Food Law/Food Code

  37. FC – Chapter 3 Reduced Oxygen Packaging • Adds Listeria M. to control for it’s growth • Adds an entire section to deal with Cook-Chill or Sous Vide processes. 3-502.12(D) • A variance is required unless they follow the guidelines outlined • A HACCP plan is required if no variance • Cook Chill/Sous Vide products are not allowed to be distributed to another business or the consumer • Allows for Reduced Oxygen packing of Cheese Food Law/Food Code

  38. FC – Chapter 3 Labeling 3-602.11 • Adds allergen labeling requirements to foods that are prepackaged at retail. Consumer Advisory 3-603.11 • Two options follow either: • Food Code or • Food Law • Neither option is location specific Food Law/Food Code

  39. FC – Chapter 3 Highly Susceptible Populations • Requires • pasteurized eggs or egg products for the preparation of certain foods, • outlines where raw eggs maybe used, • banning raw seed sprouts, • requires pasteurized juice 3-801.11 Food Law/Food Code

  40. FC – Chapter 3 Potentially Hazardous Foods Temperature Controlled for Safety PHF/TCS • Clearly defines what a PHF/TCS food is • Provides guidance on how to determine if a food is a PHF/TCS food, see Definitions PHF/TCS Food, and Annex 3 discussion Guidance Coming Food Law/Food Code

  41. PHF/TCS Foods • PHF/TCS foods are defined in terms as to whether or not it requires time or temperature control for safety to limit pathogen growth or toxin formation. (Food Code H/O pg 6) • The progressive growth of all foodborne pathogens is considered whether slow or rapid. • The “hurdle” effect is used – several inhibitory factors used together to control or eliminate pathogens that would otherwise be ineffective when used alone Food Law/Food Code

  42. PHF/TCS Foods • The effect of a heat treatment which destroys vegetative cells is considered • The effect of packaging which prevents re-contamination is considered • When tables indicate “Product Assessment Required” (PA), the foodmust be treatedas PHF/TCS Food until laboratory evidence shows otherwise • Tables A & B consider the interaction of pH and aw under certain conditions of heat-treatment and packaging Food Law/Food Code

  43. Guidance Coming PHF/TCS Foods Preliminary questions: To determine if a food is a PHF/TCS food. • Is the food held refrigerated for quality, not safety? What is the scientific basis? Does the firm want to change this method of sale? • Consider the food’s safety history – if not associated with foodborne outbreaks, scientific rationale should be able to explain why not • Is it Heat-treated if so must destroy vegetative cells Food Law/Food Code

  44. PHF/TCS Foods Preliminary questions: To determine if a food is a PHF/TCS food. • Packaging must be sufficient to prevent recontamination • Is the food homogenous, i.e. soup or is it a combination food, i.e. focaccia bread. If it is a combination food, product assessment is required for all layers of the food. Food Law/Food Code

  45. PHF/TCS Foods Preliminary Questions: • Any pH and aw values must be accurate and replicable from a competent laboratory • pH value, use chemistry grade pH paper accurate to ±0.05 or calibrated equipment • aw value, use homogenous sample with calibrated equipment • Determine which table to use, • Compare pH and aw, to determine whether food is PHF/TCS or not Food Law/Food Code

  46. PHF/TCS Foods Product assessment may result in a finding of: • Non PHF/TCS, • Time as a Public Health Control must be used or a limited shelf life imposed • Temperature control for the food product is required • Or the food may need to be reformulated to be Non PHF/TCS food product Food Law/Food Code

  47. FC - Chapter 4 • Updates references, combines a lead, pewter and solder into one section, • Renumbers sections • Replaces equipment w/ apparatus 4-204.122 • Amends references to counter mounted equipment Food Law/Food Code

  48. FC - Chapter 5 • Changed handwashing facility to handwashing sink throughout • Amended section to clarify that floor drains are allowed in walk-in refrigerators Food Law/Food Code

  49. FC – Chapter 6, 7 and 8 • Reorganized sections for consistency with rest of Food Code • Corrected cross references throughout • Amended 8-501.40 to reflect reinstatement of excluded or restricted employees to be consistent with Chapter 2-2. Food Law/Food Code

  50. Questions Upon further review of the MFL/FC if you have additional questions please contact: • Local Health Departments • Food/Direct Supervisor first • FSP Consultant • Michigan Department of Agriculture • Regional Supervisor first • Lansing office staff Food Law/Food Code

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