FOODBORNE ILLNESS
The FDA Steps Up Its Game :
A Higher Standard For Preventing Foodborne Illness
If you ’ re in the food processing industry and responsible for your company ’ s quality assurance program , watch out ! This year , the Food and Drug Administration ( FDA ) is poised to take a giant step further toward meeting the safety standards established by the Food Safety Modernization Act ( FSMA ), which was signed into law on January 4 , 2011 , but became fully effective just last September . Under the new regulations , the FDA will considerably strengthen its food safety and enforcement protocols , holding all responsible parties to a much higher standard . By including provisions for criminalizing food safety failures , the FDA is demonstrating its intent to go after foodborne illnesses much more aggressively than it has in the past .
By way of background , the FDA began computerized tracking of food contamination through the Reportable Food Registry in 2009 . Once companies began systematically reporting their contamination cases , a plethora of highprofile companies were cited including , most notably , Chipotle Mexican Grill in 2015 . These outbreaks led to a public and regulatory outcry , which resulted in much stricter regulations . Under FSMA , the FDA now has the power to initiate unannounced inspections , conduct huge retail food testing programs , recall vast product inventories and initiate criminal procedures against offenders — even those with no prior knowledge of the contamination .
Despite the severity of these measures , there are a number of steps proactive companies can take to prepare for this new era of enhanced regulation and enforcement :
1 . OUTLINE NEW POLICIES : As part of the new regulations , food companies must establish and implement written food safety measures that ensure compliance with the FDA ’ s new standards as specified in the FSMA .
2 . IMPLEMENT STATE-OF THE-ART STERILIZATION PROCEDURES : If you have not made investments in advanced sterilization technology to this point , the time to do so is now ! As public and private demands in food safety have grown , a great many advances have been made that help treat both air and surface contaminants .
3 . CONDUCT MICROBIOLOGICAL STUDIES : Keep yourself a step ahead of the FDA by performing regular surface inspections and air quality evaluations to ensure that any problems are caught early . Enlist the help of food safety professionals , if needed .
4 . PERFORM CRIMINAL PROTECTION AUDITS : To help protect against possible criminal liability , be sure to have an action plan ready should any weaknesses be identified . The plan should incorporate action steps and chains of command in the event of substandard lab findings or large-scale customer complaints .
5 . OBTAIN PROFESSIONAL GUIDANCE : Attorneys , insurance professionals and food safety consultants can be invaluable in navigating these new and uncharted waters . Considering that even misdemeanors can involve large fines and jail time for those responsible , it ’ s important to do things right the first time .
These stringent new FDA regulations provide an opportunity for you to increase safety measures within your facility , enhance your employee training programs and ensure long-term customer satisfaction . While it is too soon to evaluate the impact of the FSMA regulations on the food industry , it ’ s best to expect the worst and be fully prepared moving forward . +
BY : GWENYTH P . LUU VICE PRESIDENT PROPERTY & CASUALTY
As an insurance expert who focuses on the non-profit and food processing sectors , Gwenyth has seen many unusual exposures and claims . That ’ s why she knows firsthand that it ’ s imperative for businesses to work with an industry-specialized insurance partner . Gwenyth has earned a certificate of completion in the HACCP System .
Gwenyth and her family resides in New Jersey . When Gwenyth isn ’ t working , she enjoys CrossFit training , reading and cooking .
SPRING 2017 | 25