Conference for Food Protection

2016 Biennial Meeting

Issue View | Council I | 2016 Scribe Packet

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Issue Number: Council I 004

Issue History

This issue was submitted for consideration at a previous biennial meeting, see issue: 2014-I-25 ; new or additional information has been included or attached .


Report - Oyster Advisory Committee

Issue you would like the Conference to consider

Issue 2014-I-25 was extracted by the body of State Delegates at the 2014 Biennial Meeting, in Orlando Florida. This action prompted forming an Executive Board Ad Hoc Committee to discuss the extracted no action decision. After discussion, the Executive Board Ad Hoc Committee determined that a Conference Committee should be formed to discuss and provide a recommendation at the 2016 Biennial Meeting.

Public Health Significance

The Oyster Advisory Committee was tasked with developing recommendations to update the 2013 Food Code Section 3-603.11 Consumer Advisory, as follows, regarding raw molluscan shellfish that have not been treated by a process sufficient to reduce Vibrio spp. to an undetectable level, as detected by the Vibrio vulnificus testing method in the most current edition of the U.S. Food and Drug Administration Bacteriological Analytical Manual.

3-603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.

(A) Except as specified in ¶ 3-401.11(C) and Subparagraph 3-401.11(D)(4) and under ¶ 3-801.11(C), if an animal FOOD such as beef, EGGS, FISH, lamb, milk, pork, POULTRY, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in READY-TO-EAT form or as an ingredient in another READY-TO-EAT FOOD, the PERMIT HOLDER shall inform CONSUMERS of the significantly increased RISK of consuming such FOODS by way of a DISCLOSURE and REMINDER, as specified in ¶¶ (B) and (C) of this section using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.

(B) DISCLOSURE shall include:

(1) A description of the animal-derived FOODS, such as "oysters on the half shell (raw oysters)," "raw-EGG Caesar salad," and "hamburgers (can be cooked to order)"; or

(2) Identification of the animal-derived FOODS by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.

(C) REMINDER shall include asterisking the animal-derived FOODS requiring DISCLOSURE to a footnote that states:

(1) Regarding the safety of these items, written information is available upon request;

(2) Consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness; or

(3) Consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness, especially if you have certain medical conditions.

Recommended Solution: The Conference recommends...

  1. Acknowledgement of the 2014 - 2016 Oyster Advisory Committee Final Report and thanking the committee members for their work.
  2. No further action based on:
    • the Interstate Shellfish Sanitation Conference (ISSC) letter dated July 7, 2014 that states the ISSC does not agree that the recommended solution of Issue 2014-I-025 would improve effectiveness or reduce illnesses; and
    • the CFP Oyster Advisory Committee determination that the existing language in Section 3-602.11 of the 2013 FDA Food Code is adequate to address consumer advisory for raw molluscan shellfish.
  3. The Oyster Advisory Committee be disbanded as they have completed their charges.

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