Issue View | Council I | 2023 Biennial Meeting

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Amend Food Code – Packaging Requirements for Vended TCS Foods

Amend 3-305.13 to allow for Time/Temperature Control for Safety foods dispensed from vending machines to be packaged within the vending machine.

Complex vending machines have become more commonplace throughout the United States. Vending machines, which traditionally have been used to dispense pre-packaged, non-TCS foods, now have the capability to cook and package TCS foods entirely within the machine. These machines, which meet other Food Code requirements, like section 4-204.111 requiring automatic temperature-triggered lockouts, are often equipped with self-cleaning systems, which can clean and sanitize food-contact surfaces between products. Furthermore, these machines have the capability to safely store food packaging and package food in a sanitary manner.

Certification bodies already certify machines that vend time/temperature control for safety foods into packaging that is stored within the vending machine. Harmonizing the requirements between the Food Code and certification bodies will help remove undue confusion for equipment developers, certifiers, and regulators. Furthermore, adopting additional language addressing how foods are packaged within a vending machine will help bring parity between regulations and current vending technology.

that a letter be sent to the FDA requesting Section 3-305.13 and Annex 3 of the current Food Code be amended as follows:

3-305.13 Vended Time/Temperature Control for Safety Food, Original Container.

(A) Except as specified in ¶(B) of this section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD dispensed through a VENDING MACHINE shall be in the PACKAGE in which it was placed at the FOOD ESTABLISHMENT or FOOD PROCESSING PLANT at which it was prepared.

(B) FOODS that are to be PACKAGED within the VENDING MACHINE must be held, PACKAGED, and dispensed in a sanitary manner.

Annex 3. Public Health Reasons/Administrative Guideline

3-305.13 Vended Time/Temperature Control for Safety Food, Original Container.

The possibility of product contamination increases whenever food is exposed. Changing the container(s) for machine vended time/temperature control for safety food allows microbes that may be present an opportunity to contaminate the food. Therefore, it is critical that holding, packaging, and dispensing of food within a vending machine be performed in a safe and hygienic manner. Pathogens could be present on the hands of the individual packaging the food, the equipment used, or the exterior of the original packaging. In addition, time/temperature control for safety foods are vended in a hermetically sealed state to ensure product safety. Once the original seal is broken, the food is vulnerable to contamination.