Our goal for writing these articles is to give you, the operator a better understanding of the current 2009 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.

Question

The 2009 FDA Food Code was just released and I understand there has been a change in citing, Critical, Non Critical or Swing violations. What are the new designations?

Answer: They are now called: priority items, priority foundation items or core items.

Purpose & Definitions: Chapter 1

Violation of Priority Item or Priority Foundation Item Chapter 8

8-405.11 Timely Correction.

1. (A) Except as specified in ¶ (B) of this section, a permit holder shall at the time of inspection correct a violation of a priority item or priority foundation item of this Code and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit. ^Pf
2. (B) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the permit holder to correct violations of a priority item or priority foundation item or HACCP plan deviations.

8-405.20 Verification and Documentation of Correction.

1. (A) After observing at the time of inspection a correction of a violation of a priority item or priority foundation item or a HACCP plan deviation, the regulatory authority shall enter the violation and information about the corrective action on the inspection report.
2. (B) As specified under ¶ 8-405.11(B), after receiving notification that the permit holder has corrected a violation of a priority item or priority foundation item or HACCP plan deviation, or at the end of the specified period of time, the regulatory authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records.

Core Item Violation

8-406.11 Time Frame for Correction.

1. (A) Except as specified in ¶ (B) of this section, the permit holder shall correct core items by a date and time agreed to or specified by the regulatory authority but no later than 90 calendar days after the inspection.
2. (B) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under ¶ (A) of this section if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.

Here’s an example: No handwashing being conducted at time of inspection^P, – Priority Item (provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard). No soap or paper towels at the handsink^Pf , Priority Foundation item (requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling);  No hand sink, core item, (an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance).

So Long Till Next Month,

DorisRittenmeyer, CP - FS

Director – Safety Management Services

d.rittenmeyer@foodhandler.com

This information is provided as a general guideline and is not intended to be, nor does it, constitute legal or regulatory advice. Additional Federal regulations may apply to your particular circumstances. State, regional and local laws, ordinances and regulations may also apply.