The Issue that you selected is shown below. If you click on Word Document File with Tracking, you will open a Word document version of the Issue. Because the document you will be opening is in Word format, you will need to use Word functions to save or print the Issue. When you view or use this Word version, the special html functions will no longer work. Closing the screen will return you to the Start icon.

Issue Number: Council I 022


Key Drop

Issue you would like the Conference to consider

"Key drop" delivery is a common practice in the food industry, including the retail and restaurant segments. The practice allows for the safe delivery of food and other products during hours when the establishment is closed, usually between midnight and 6 am. Delivery personnel store items appropriately as refrigerated, frozen or dry goods and establishment personnel inspect and officially confirm receipt of the goods upon their arrival the day of the delivery.

Public Health Significance

The current FDA Food Code (¶ 2.103.11 (E)) identifies the importance of having a Person in Charge or "employee" duty include the receipt and inspection of foods and other goods delivered to an establishment. Food Code ¶ 1.201.10 (B) defines an employee to mean "the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in the food service establishment." This definition allows for the lawful delivery of goods by a distribution company provided that the distribution personnel are performing their duties under contract with the food establishment.

It is important to clarify this role in ¶ 2-103.11 (E) to include distribution personnel and affirm that the key drop practice, already in accordance with FDA Food Code, is specifically identified for all to understand. It is with this further clarity that all States may confidently adopt this segment of the FDA Food Code and consistently enable the key drop practice.

Recommended Solution: The Conference recommends...

that a letter be sent to FDA requesting the following changes to the Food Code:

that § 2.103.11 of the FDA Food Code be amended by adding a new ¶ 2.103.11 (F), and renumbering subsequent paragraphs in this Section appropriately, to specifically allow for the practice of key drop deliveries by including the following language:

(F) Distribution EMPLOYEES for key drop deliveries are delivering goods at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the delivered goods at time of delivery Pf;

Further, that ¶ 1-201.10 (B) be amended to define key drop as follows:

"Key Drop" means a delivery of food and goods to an establishment that occurs when it is closed. Distributors deliver and place products in coolers, freezers and dry goods storage areas for LATER confirmation of receipt and inspection by representatives of the establishment.

Submitter Information

Name Dan Roehl
Organization National Restaurant Association
Address 1200 17th Street, NW
Washington, DC 20036
Telephone 202.331.5900
Fax 202.331.2429
Word File
Printing Options