Issue View | Council II | 2020 Biennial Meeting

This is a brand new Issue.

Standard 1 Update to Require 80% of Certain Provisions

Many times policy makers such as state legislatures and others outside the retail food program make decisions that impact the ability of the retail food program to meet all of the interventions and risk factors. This proposes changing the evaluation component to eighty percent adopting a percentage standard similar to the Good Retail Practices and not requiring a full-adoption of all invention and risk factors after the second self-assessment. For example, a legislature may choose to not ban barehand contact of ready-to-eat foods and all regulatory programs with the state automatically do not meet one of the of the 11 areas and after the second self-assessment would no-longer meet the Standard 1, because of an action completed un-related to the conduct of the regulatory program.

This Standard currently is evaluating not only the regulatory program, but also decisions policy makers are making outside the regulatory programs control. The revisions allows programs to conform to the Standard if 80% of currently 9 to 11 of the Foodborne illness risk factors and public health interventions are adopted. While we absolutely support full adoption of the Code, the Standards already allow for this lower number for the first two self-assessments and the amendment seeks to eliminate the subsequent requirement for 100% adoption.

Recommended Solution: The Conference recommends...:

that a letter be sent to the FDA requesting that the Voluntary National Retail Food Regulatory Program Standards (VNRFRPS), Standard 1 - Regulatory Foundation be amended as follows:

Many times policy makers such as state legislatures and others outside the retail food program make decisions that impact the ability of the retail food program to meet all of the interventions and risk factors. This proposes changing the evaluation component to eighty percent adopting a percentage standard similar to the Good Retail Practices and not requiring a full-adoption of all invention and risk factors after the second self-assessment. For example, a legislature may choose to not ban barehand contact of ready-to-eat foods and all regulatory programs with the state automatically do not meet one of the of the 11 areas and after the second self-assessment would no-longer meet the Standard 1, because of an action completed un-related to the conduct of the regulatory program.

1. Amend Standard 1, Description of Requirement, lettered paragraph "A" as follows (language to be deleted is in strikethrough format; language to be added is underlined):

A. Food Code Interventions and Risk Factor Control Measures
The regulatory foundation contains provisions that are at least as stringent as the public health interventions and the provisions that control risk factors known to contribute to foodborne illness contained in the current published edition of the Food Code or one of the two most recent previous editions of the Food Code. Jurisdictions that meet Standard 1 but who may become noncompliant due to the release of a new edition of the Food Code are considered to continue meeting the Standard for a period of two years from the release date of the new Food Code edition in order to complete the process of updating its regulations.

To meet this element of the Standard, regulations must have a corresponding requirement for the Food Code sections as listed and summarized in the Standard 1: Self-Assessment Worksheet for Part I, from #1 "Demonstration of Knowledge" through #11 "Highly Susceptible Populations." For initial listing, the The regulatory foundation must contain include at least 80% 9 of the 11 interventions and risk factor controls. In order to meet fully the requirements of the Standard, the regulatory foundation must meet all 11 of the interventions and risk factor controls by the third audit.

1. Amend Standard 1 Instructions and Worksheet for Conducting a Self-Assessment as follows., Step 3, as follows (language to be deleted is in strikethrough format; language to be added is underlined):

STEP 3 - Document the Self-Assessment Results for Part I

A summary table is provided in Part I of the Standard 1: Self-Assessment Worksheet to document the results of the self-assessment for each of the 11 public health intervention and risk factor control measures. For80 each public health intervention and risk factor control measure, the self-assessor must record the findings from the self-assessment. If each Food Code section listed under an Intervention/ Risk Factor has a check in the "Full Intent is Met" column, the Standard criteria is met. Place an "X" in the Self-Assessment Results "YES" column.

If any of the Food Code sections are missing, or the jurisdiction's regulatory requirements only partially meet the intent of the language, place an "X" in the Self-Assessment Results "NO"
column for that intervention/risk factor control measure.

At the bottom of Part I of the Standard 1: Self-Assessment Worksheet, the self-assessor must record the jurisdiction's name and the number of interventions/risk factors that are met. For initial participation and listing purposes, the The jurisdiction's self-assessment must indicate conformance with at least 9 of the 11 80% of the intervention/risk factor categories. By the third verification audit, the jurisdiction must meet 11 of the 11 intervention/risk factor control categories in order to meet the Standard 1 criteria.

Examples of documents that may be reviewed:
ØThe jurisdiction's statute, regulation, rule, ordinance or other prevailing set of regulatory requirements that govern the operation of its food establishments

ØVersion of the Food Code that was used for the self-assessment

ØCompleted Standard 1: Self-Assessment Worksheet, Part I - Food Code Interventions and Risk Factor Controls

ØIf applicable, documents discussing or comparing code provisions excepted if adoption was made by reference with exceptions.

1. Amend Standard 1 Instructions and Worksheet for Conducting a Verification Audit as follows Step 4, as follows (language to be deleted is in strikethrough format; language to be added is underlined):

STEP 4 - Document the Verification Audit Results for Part I

Part I of the Standard 1: Self-Assessment Worksheet, included at the end of these instructions, contains 11 public health interventions and risk factor controls:

1. Demonstration of Knowledge

2. Employee Health
3. Consumer Advisory
4. Approved Source

5. Time/Temperature
6. Protection from Contamination
7. Control of Hands as a Vehicle of Contamination

8. Good Hygienic Practices
9. Chemical
10. Conformance with Approved Procedures
11. Highly Susceptible Population

To meet any one of the 11 public health intervention and risk factor controls identified under the self-assessment process, the self-assessment must indicate that the jurisdiction's regulatory requirements address all Food Code sections listed for that area. For initial listing, the The jurisdiction's regulatory foundation must contain include at least 9 of the 11 80% of public health interventions and risk factor controls. In order to fully meet the requirement of the Standard, the regulatory foundation must meet all 11 of the interventions and risk factor controls by the third verification audit cycle.

If four or more of the 15 selected code sections reviewed during the audit process do not meet the stringency of language criteria, the Standard 1, Part I element fails to meet the criteria, and no further sampling is necessary. If one, two or three of the 15 selected code sections do not meet the stringency of the language criteria but the jurisdiction continues to meet the required number of interventions and risk factor controls to meet the Standard, then randomly select an additional 15 Food Code sections. No more than three total disagreements are acceptable in the thirty (30) Code sections drawn for comparison in order for the audit to confirm the Part I element of Standard 1 as met. In addition, at least 9 out of the 11 (80%) interventions and risk factor controls must still be met at the end of the first audit after the disagreements are taken into account, and the jurisdiction must meet 11 out of the 11 interventions and risk factor controls by the third regular audit in order to meet the Standard 1 criteria.

Examples of documents that may be reviewed:

ØThe jurisdiction's statute, regulation, rule, ordinance or other prevailing set of regulatory requirements that govern the operation of its food establishments

ØVersion of the FDA Food Code that was used for the self-assessment Ø? Completed Standard 1: Self-Assessment Worksheet, Part I - Food Code Interventions and Risk Factor Controls
ØIf applicable, documents discussing or comparing code provisions excepted if adoption was made by reference with exceptions.

d) Amend any forms and instructions as needed to conform with the above changes.