Conference for Food Protection

2018 Biennial Meeting

Issue View | Council II | 2018 Scribe Packet

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Issue Number: Council II 022

Issue History

This is a brand new Issue.


Amend Food Code - Submission of Application 30 Days Before Opening

Issue you would like the Conference to consider

Section 8-302.11 of the 2013 FDA Food Code currently requires that an applicant submit an application for a PERMIT at least 30 days before the date planned. That is not practical for many temporary food events.

Public Health Significance

The 30 day requirement in this section is important when a fixed food establishment is involved. It allows the regulatory authority time to insure that plans have been submitted and approved; allows time to communicate with other code and zoning officials; and time to schedule and conduct a pre-opening inspection. These same issues do not affect most temporary events. The 30-day requirement has little or no public health significance for temporary food establishments.

Recommended Solution: The Conference recommends...

that a letter be sent to the FDA requesting that section 8-302.11 of the most current edition of the Food Code be amended as follows (new language is underlined; language to be deleted is in strikethrough format):

Except for a TEMPORARY FOOD ESTABLISHMENT, Aan applicant shall submit an application for a PERMIT at least 30 calendar days before the date planned for opening a FOOD ESTABLISHMENT or the expiration date of the current PERMIT for an existing facility.

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