Our goal for writing these articles is to give you, the operator a better understanding of the current 2005 FDA Food Code. Each month we’ll continue to explore the content of the food code and how it relates to the operation of your facilities. For the next several months, we’ll be examining the source of food that may be used in a food establishment.

Question:

I have a new restaurant and would like to buy foods prepared or grown locally. What is allowed for sourcing of food?

Food should be purchased from commercial supplies under regulatory control. Home kitchens, with their varieties of food and open entry to humans and pet animals, are frequently implicated in the microbial contamination of food. Because commercial items seldom are eaten right away, the home kitchen's limited capacity for maintaining food at proper temperatures may result in considerable microbial growth and toxin production by microorganisms introduced through the diverse sources of contamination. Controlled processing is required for the safe preparation of food entering commerce.

A primary line of defense in ensuring that food meets the requirements, is to obtain food from approved sources, the implications of which are discussed below.

However, it is also critical to monitor food products to ensure that, after harvesting and processing, they do not fall victim to conditions that endanger their safety, make them adulterated, or compromise their honest presentation. The regulatory community, industry, and consumers should exercise vigilance in controlling the conditions to which foods are subjected and be alert to signs of abuse.

The FDA considers food in hermetically sealed containers that are swelled or leaking to be adulterated and actionable under the Federal Food, Drug, and Cosmetic Act. Depending on the circumstances, rusted and pitted or dented cans may also present a serious potential hazard.

3-201.11 Compliance with Food Law.*

(A) FOOD shall be obtained from sources that comply with LAW.

(B) FOOD prepared in a private home may not be used or offered for human consumption in a FOOD ESTABLISHMENT.

(C) PACKAGED FOOD shall be labeled as specified in LAW, including 21 CFR 101 FOOD Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under §§ 3-202.17 and 3-202.18.

Critical Item.  Denoted by asterisk *

"Critical item" means a provision of this Code,  that if in noncompliance, is more likely than other violations to contribute to FOOD contamination, illness, or environmental health HAZARD.

Noncritical Violation. Denoted by N

8-406.11 Time Frame for Correction.

A) Except as specified in ¶ (B) of this section, the PERMIT HOLDER shall correct noncritical violations by a date and time agreed to or specified by the REGULATORY AUTHORITY but no later than 90 calendar days after the inspection.

Next month we’ll look at the source for meats, fish, mushrooms, milk and eggs.

So long for this month,

Doris Rittenmeyer, CFSP

Director – Safety Management Services

drittenmeyer@foodhandler.com