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.
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