michigan food law 2007 update. food law changes food law workgroup 18 months legislative process 4...

Michigan Food Law Michigan Food Law 2007 Update2007 Update

Food Law Food Law ChangesChanges

Food Law WorkgroupFood Law Workgroup18 months18 months

Legislative Process Legislative Process 4 months4 months

Implementation & RulesImplementation & Rules14+ months14+ months

October, 2007 October, 2007 MI Dept. of Agricul MI Dept. of Agricultureture

Food Law/Food CodeFood Law/Food Code 33

Food Law WorkgroupFood Law Workgroup Michigan Restaurant AssociationMichigan Restaurant AssociationMichigan Grocers AssociationMichigan Grocers AssociationAssociated Food and Petroleum Associated Food and Petroleum DealersDealersMichigan Meat AssociationMichigan Meat AssociationMALPH / MALEHAMALPH / MALEHA– Washtenaw, Oakland, Calhoun, DHD Washtenaw, Oakland, Calhoun, DHD

10, Marquette, Ingham, Kalamazoo, 10, Marquette, Ingham, Kalamazoo, Lenawee, Barry-Eaton.Lenawee, Barry-Eaton.

Michigan State UniversityMichigan State UniversityMSU ExtensionMSU ExtensionMSU Institute of Food Laws and MSU Institute of Food Laws and RegulationsRegulationsMichigan Agribusiness AssociationMichigan Agribusiness AssociationMSU Food Safety Policy CenterMSU Food Safety Policy CenterMichigan Food Bank CouncilMichigan Food Bank CouncilSpartan StoresSpartan StoresMichigan Dairy Food AssociationMichigan Dairy Food AssociationMichigan Food and Beverage Michigan Food and Beverage AssociationAssociation

Michigan Apple CommitteeMichigan Apple CommitteeMichigan Hotel & Motel AssociationMichigan Hotel & Motel AssociationMichigan Farmers Market AssociationMichigan Farmers Market AssociationSouthwest Michigan Beekeepers Southwest Michigan Beekeepers AssociationAssociationGreat A&P Tea Company (Farmer Great A&P Tea Company (Farmer Jack)Jack)Michigan Retailers AssociationMichigan Retailers AssociationMichigan Licensed Beverage Michigan Licensed Beverage AssociationAssociationMichigan School Business OfficialsMichigan School Business OfficialsMichigan Farm BureauMichigan Farm BureauMichigan Distributors and VendorsMichigan Distributors and VendorsMichigan SugarMichigan SugarNational Sanitation FoundationNational Sanitation FoundationMichigan Food Processors Michigan Food Processors AssociationAssociationMichigan Soft Drink AssociationMichigan Soft Drink Association



Effective DatesEffective Dates

Fee sections effective 1/1/08 (6151)Fee sections effective 1/1/08 (6151)– Sections 2125, 3119, 4103Sections 2125, 3119, 4103

Other sections effective 4/1/08Other sections effective 4/1/08



Evaluation replaces InspectionEvaluation replaces Inspection

This change recognizes the increased complexity and systems based focus of a risk-based evaluation.

1105 (C) "EVALUATION" MEANS A FOOD SAFETY AUDIT, INSPECTION, OR FOOD SAFETY AND SANITATION ASSESSMENT, – WHETHER ANNOUNCED OR UNANNOUNCED,– THAT IDENTIFIES VIOLATIONS OR VERIFIES COMPLIANCE

WITH THIS ACT AND – DETERMINES THE DEGREE OF ACTIVE CONTROL BY

FOOD ESTABLISHMENT OPERATORS OVER FOODBORNE ILLNESS RISK FACTORS.



1107 (L) "FOOD SAFETY AND SANITATION ASSESSMENT" MEANS JUDGING OR ASSESSING SPECIFIC FOOD HANDLING ACTIVITIES,EVENTS, CONDITIONS, OR MANAGEMENT SYSTEMS IN AN EFFORT TODETERMINE THEIR POTENTIAL EFFECTIVENESS IN CONTROLLING RISKSFOR FOODBORNE ILLNESS AND REQUIRED COMPLIANCE WITH THIS ACT,ACCOMPANIED BY A REPORT OF FINDINGS.

(M) "FOOD SAFETY AUDIT" MEANS THE METHODICAL EXAMINATIONAND REVIEW OF RECORDS, FOOD SOURCES, FOOD HANDLINGPROCEDURES, AND FACILITY CLEANING AND SANITATION PRACTICESFOR COMPLIANCE WITH THIS ACT, ACCOMPANIED BY A REPORT OFFINDINGS. FOOD SAFETY AUDIT INCLUDES CHECKING OR TESTING, ORBOTH, OF OBSERVABLE PRACTICES AND PROCEDURES TO DETERMINECOMPLIANCE WITH STANDARDS CONTAINED IN OR ADOPTED BY THISACT, ACCOMPANIED BY A REPORT OF FINDINGS.

1109 (B) "INSPECTION" MEANS THE CHECKING OR TESTING OFOBSERVABLE PRACTICES AGAINST STANDARDS ESTABLISHED IN ORADOPTED BY THIS ACT, ACCOMPANIED BY A REPORT OF FINDINGS.



EvaluationsEvaluations

May be announced (3123)May be announced (3123)– Intent is to keep most evaluations unannounced, but Intent is to keep most evaluations unannounced, but

provide flexibility to make appointment when needed.provide flexibility to make appointment when needed.

Follow-up required within 30 days for critical Follow-up required within 30 days for critical violations. (6129)violations. (6129)

May confirm corrections vs. make visitMay confirm corrections vs. make visit– Provides flexibility for use of photos, logs, phone calls, Provides flexibility for use of photos, logs, phone calls,

etc.etc.– Intent is not to eliminate follow-up visits.Intent is not to eliminate follow-up visits.– Implementation will be agency specific.Implementation will be agency specific.

Guidance Coming




Optional risk-based food service Optional risk-based food service evaluation schedule is being developed. evaluation schedule is being developed. – LHDs can retain 6 month schedule or use LHDs can retain 6 month schedule or use

risk-based schedule. (3123) risk-based schedule. (3123)

Risk-based evaluations required as Risk-based evaluations required as described in 2005 Food Code, Annex 5, described in 2005 Food Code, Annex 5, section 4(A-H). (6129)section 4(A-H). (6129)

Guidance Coming




STFU EVALUATIONS-STFU EVALUATIONS- must be “SPACED GENERALLY must be “SPACED GENERALLY OVER THE SPAN OF THE OPERATING SEASON” to OVER THE SPAN OF THE OPERATING SEASON” to avoid back to back evaluations.(6137d)avoid back to back evaluations.(6137d)

PHOTOS & TRADE SECRETS- “THE DIRECTOR MAY TAKE PHOTOGRAPHS OR COPY RECORDS AS PART OF AN EVALUATION. WHEN A FOOD ESTABLISHMENT IDENTIFIES BY WRITTEN DOCUMENT OR MARK THAT A CERTAIN AREA OR RECORD CONTAINS VISIBLE TRADE SECRETS, THE DIRECTOR SHALL IDENTIFY ANY PHOTOGRAPHS OF THAT AREA OR RECORD AS BEING CONFIDENTIAL AND SHALL DILIGENTLY PROTECT THE CONFIDENTIALITY.” (2111(3))

Guidance Coming



Manager CertificationManager Certification

Requires 1 certified managerial employee by Requires 1 certified managerial employee by June 30, 2009. (2129)June 30, 2009. (2129)

Applies to:Applies to:– All food service establishments except:All food service establishments except:

mobile food establishmentsmobile food establishmentsspecial transitory food units (STFU’s)special transitory food units (STFU’s)vending machine locations vending machine locations temporary food service establishmentstemporary food service establishments

– Extended retail food establishmentsExtended retail food establishments..– A food service establishment within a retail groceryA food service establishment within a retail grocery..



Manager CertificationManager Certification

Rules and enforcement policy guidance being Rules and enforcement policy guidance being developed by 1/09 to define requirements.developed by 1/09 to define requirements.

MDA will no longer review and approve training MDA will no longer review and approve training materials or programs.materials or programs.

Managers must pass a proctored exam.Managers must pass a proctored exam.– Exams must be ANSI certified. There are several Exams must be ANSI certified. There are several

nationally certified exams available. nationally certified exams available.

Taking a class is recommended, but not Taking a class is recommended, but not required. required.

Guidance Coming



Consumer Advisory (6149)Consumer Advisory (6149)Follow the 2005 FC Follow the 2005 FC oror provide the following information provide the following information on selection information so that it is publicly available:on selection information so that it is publicly available:““ASK YOUR SERVER ABOUT MENU ITEMS THAT ARE COOKED TO ORDER OR SERVED RAW. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS.”

May modify to make product specific – Example: remove seafood if no seafood served. Remove raw if

only undercooked (but not raw) food is served.

Location of statement not specified in law.11 point font size, contrasting background same language as menu retained.Table tents, placards, etc. exempt if on primary menu

Guidance Coming



Milk ProductsMilk Products

Requires pasteurized ingredients (milk, eggs) for Requires pasteurized ingredients (milk, eggs) for milk products made or sold in any retail food milk products made or sold in any retail food establishment (includes food service). (6140)establishment (includes food service). (6140)Flavorings or other ingredients added after Flavorings or other ingredients added after making the milk product must be safe.making the milk product must be safe.Milk product also defined (ice cream, yogurt, Milk product also defined (ice cream, yogurt, eggnog, cheese, butter, creggnog, cheese, butter, crèème frame fraîîche, etc.)che, etc.)Provides matching requirements in milk and food Provides matching requirements in milk and food laws. Milk law now exempts dairy licensure if laws. Milk law now exempts dairy licensure if product made per food law in a licensed food product made per food law in a licensed food establishment.establishment.Wholesaling requires a dairy license.Wholesaling requires a dairy license.



Juice and Seafood HACCPJuice and Seafood HACCP

Cider- manager certification requiredCider- manager certification required

Cider facilities will now be regulated Cider facilities will now be regulated under the Juice HACCP rule, 21 CFR under the Juice HACCP rule, 21 CFR part 120 (7106)part 120 (7106)

Seafood processors, warehouses and Seafood processors, warehouses and wholesalers will now be regulated under wholesalers will now be regulated under the Seafood HACCP rule, 21 CFR part the Seafood HACCP rule, 21 CFR part 123 (7105)123 (7105)



MeatMeat

Mirrors the Federal standards for Ground Mirrors the Federal standards for Ground Poultry and Poultry Sausage, Chapter 7Poultry and Poultry Sausage, Chapter 7

Defines poultry to include ratites – Defines poultry to include ratites – chicken, chicken, ducks, turkey, ostrich, emu (7113)ducks, turkey, ostrich, emu (7113)

Defines ground poultry and ground poultry Defines ground poultry and ground poultry meat (7125)meat (7125)



MeatMeat

Mirrors the Federal prohibition of specified Mirrors the Federal prohibition of specified risk materials (BSE) in meat. (7113)risk materials (BSE) in meat. (7113)

Mirrors the Federal use of spices, Mirrors the Federal use of spices, seasonings and antioxidants in meat seasonings and antioxidants in meat products. (7115)products. (7115)

Replaces venison with cervid to Replaces venison with cervid to incorporate all cervidiae, elk, deer etc. incorporate all cervidiae, elk, deer etc. (7113)(7113)



EmergenciesEmergencies

“THE DEPARTMENT MAY RECOGNIZE EMERGENCY PLANS THAT, IF BEING FOLLOWED, SERVE AS A MEANS TO USE TEMPORARY ALTERNATIVE PROCEDURES FOR CONTINUITY OF OPERATION.” (6147)

Recognizes MDA Emergency Action Plan document or establishment specific emergency plans as a method of staying open, if followed.



LicensingLicensing

New Exemptions (4105):New Exemptions (4105):– Packaged, single-service ice cream trucksPackaged, single-service ice cream trucks– Food industry, non public trade showsFood industry, non public trade shows– Feeding operations set up in response to an Feeding operations set up in response to an

emergency or disasteremergency or disaster– Non-profit cooperatives selling or using unprocessed Non-profit cooperatives selling or using unprocessed

products better defined. products better defined.

License revoked for “egregious violations” of License revoked for “egregious violations” of 5101 A-C may be refused a license for 2 years. 5101 A-C may be refused a license for 2 years. (4125 (3))(4125 (3))ActiveActive mgmt. required for 1 license under 1 roof. mgmt. required for 1 license under 1 roof. Agency can determine active. (4101(2))Agency can determine active. (4101(2))



FeesFees

MDA STFU plan review fee increased from $177 to MDA STFU plan review fee increased from $177 to $197. (2123e)$197. (2123e)MDA mandatory plan review fee of $197. (2123f)MDA mandatory plan review fee of $197. (2123f)Schools are no longer fee exempt. Schools are no longer fee exempt. MDA establishments- pay all fines & fees before license MDA establishments- pay all fines & fees before license issuance. (4111)issuance. (4111)Temporary Licenses- Double fee authority for Temporary Licenses- Double fee authority for applications made less than 4 days in advance (4103).applications made less than 4 days in advance (4103).MDA establishments- Initial application license fees are MDA establishments- Initial application license fees are non-refundable. (4111)non-refundable. (4111)MDA may charge convenience fee for license processing MDA may charge convenience fee for license processing (i.e. paper vs. web)(i.e. paper vs. web)



Other Definition ChangesOther Definition Changes

Allows Bed & Breakfast’s with 10 or fewer sleeping Allows Bed & Breakfast’s with 10 or fewer sleeping rooms to serve meals other than breakfast. (1105xv(c))rooms to serve meals other than breakfast. (1105xv(c))

"FAIR CONCESSION" MEANS A FOOD CONCESSION, STORAGE, PREPARATION, OR DISPENSING OPERATION AT A STATE OR COUNTY FAIR.

Defines Defines JuiceJuice and and Milk ProductMilk Product– Definitions match federal juice and Michigan milk law definitions.Definitions match federal juice and Michigan milk law definitions.



Citable Food Law SectionsCitable Food Law Sections

2105- Seizure2105- Seizure2107- Adulterated food2107- Adulterated food2109- Destruction of food2109- Destruction of food2113- Cease operations2113- Cease operations2121-23- License limitations2121-23- License limitations2129- Manager certification2129- Manager certification5101- Prohibited acts5101- Prohibited acts6140- Milk products6140- Milk products6141- Antichoking poster display6141- Antichoking poster display6149- Consumer advisory6149- Consumer advisoryChapter 8- Labeling and prohibited actsChapter 8- Labeling and prohibited acts

Guidance Coming

2005 Food Code2005 Food Code



2005 Food Code2005 Food Code

Please review summary of changes in Please review summary of changes in annexes of :annexes of :

2005 Model Food Code2005 Model Food Code

2001 Model Food Code2001 Model Food Code

for a comprehensive list of changes from for a comprehensive list of changes from the 99 to the 01 to the 05 Codes.the 99 to the 01 to the 05 Codes.



FC – Chapter 1 DefinitionsFC – Chapter 1 Definitions

Eggs, Egg products, baluts, Eggs, Egg products, baluts,

Major Food AllergenMajor Food Allergen

PHF/TCS definition and tables PHF/TCS definition and tables

more to come in Chapter 3 discussionmore to come in Chapter 3 discussion

Replaced table mounted equipment with Replaced table mounted equipment with counter mounted equipment.counter mounted equipment.



FC - Chapter 2 FC - Chapter 2

Requires managers to demonstrate Requires managers to demonstrate knowledge of allergensknowledge of allergensFood employees are informed of Food employees are informed of responsibility to report diseases that are responsibility to report diseases that are transmissible through food.transmissible through food.Specifies correct hand wash sequence Specifies correct hand wash sequence and how to avoid recontamination.and how to avoid recontamination.Replaced the term “hand sanitizer” with Replaced the term “hand sanitizer” with “hand antiseptic”“hand antiseptic”



FC – Chap. 2 Employee HealthFC – Chap. 2 Employee Health

Employee HealthEmployee Health – significant changes – significant changes – 2-201.11 and 2-201.12 – simplified in many respects, please review2-201.11 and 2-201.12 – simplified in many respects, please review

Big 4 now Big 4 now Big 5.Big 5. Adds Norovirus to list. Adds Norovirus to list.

– Norovirus exposure w/in 48 hours is Norovirus exposure w/in 48 hours is reportable based on conditions of exposure:reportable based on conditions of exposure:

to contaminated food to contaminated food

exposed by attending or working exposed by attending or working

or living with ill people or living with ill people (H/O)(H/O)




Employee ill with Employee ill with vomiting or diarrheavomiting or diarrhea No Norovirus diagnosisNo Norovirus diagnosis– Must exclude until asymptomatic for 24 hoursMust exclude until asymptomatic for 24 hours

Diagnosed with Norovirus Diagnosed with Norovirus – Either physician diagnosed or positive labEither physician diagnosed or positive lab– Must exclude until asymptomatic for 24 hoursMust exclude until asymptomatic for 24 hours– Then must exclude HSP or restrict non-HSP until:Then must exclude HSP or restrict non-HSP until:

Have Regulator & Physician OK orHave Regulator & Physician OK orRegulator OK and asymptomatic for 48 total hrs. Regulator OK and asymptomatic for 48 total hrs.

– includes 24 hrs. aboveincludes 24 hrs. above

Recommend consulting with MDA on diagnosed casesRecommend consulting with MDA on diagnosed cases




Restriction and exclusion charts and tables- Restriction and exclusion charts and tables- pages 333-343 of 2005 FC, Annex 3pages 333-343 of 2005 FC, Annex 3



FC – Chapter 3FC – Chapter 3

Requires that eggs be received in Requires that eggs be received in refrigerated equipment (i.e. truck) refrigerated equipment (i.e. truck) operating at 45operating at 45°°F or lessF or lessRequires egg products to be pasteurizedRequires egg products to be pasteurizedRequires the fluid and dry milk products be Requires the fluid and dry milk products be pasteurized pasteurized Shell stock tags need to be kept 90 days Shell stock tags need to be kept 90 days from harvest – not from the date empty from harvest – not from the date empty containercontainer




Bare Hand ContactBare Hand Contact – – 3.301.113.301.11

Requires that Regulatory Authority Requires that Regulatory Authority approve a plan for BHC with RTFapprove a plan for BHC with RTF (recommended submission form in annex 7, form 1D)(recommended submission form in annex 7, form 1D)

Spells out what must be in the plan Spells out what must be in the plan (H/O)(H/O)

That the plan must be in writingThat the plan must be in writing

Plans must include Employee Health Plans must include Employee Health policy in writing and documentation policy in writing and documentation




Wiping Clothes – Use and handlingWiping Clothes – Use and handling

Clarifies and simplifies this section Clarifies and simplifies this section 3-304.143-304.14

Dry vs. Wet wiping cloths continuesDry vs. Wet wiping cloths continues

Continued separation of raw and ready to Continued separation of raw and ready to eat wiping clothseat wiping cloths

Requires that containers be stored off of Requires that containers be stored off of floor and handled so that they do not floor and handled so that they do not contaminate FUELScontaminate FUELS




To allow for consumption of raw or To allow for consumption of raw or partially cooked fish the following are partially cooked fish the following are new optionsnew options::– Fish and Seafood adds one more option for Fish and Seafood adds one more option for

freezing and parasite destruction freezing and parasite destruction – Aquacultured fish raised on pellets which Aquacultured fish raised on pellets which

contain no viable parasites contain no viable parasites – Documentation is required for all parts of Documentation is required for all parts of

these sections 3-402.11 and 3-402.12these sections 3-402.11 and 3-402.12




Reheating and Holding of FoodReheating and Holding of FoodReheating must be rapid and not exceedReheating must be rapid and not exceedtwo (2) hourstwo (2) hours 3.403.113.403.11

Hot Holding Temperature is now Hot Holding Temperature is now 135135°F°F– Cooling from hot, 2+4 hours max. Cooling from hot, 2+4 hours max. – Cooling from ambient, 4 hours max.Cooling from ambient, 4 hours max.– Holding temperatures, at ≥ Holding temperatures, at ≥ 135°F135°F or ≤ 41°F or ≤ 41°F

3-501.11 and 3-501.11 and 3- 501.163- 501.16




Date markingDate marking

Allows for variations – firm must have Allows for variations – firm must have policy and follow it, if not, the food is not policy and follow it, if not, the food is not considered date marked.considered date marked. 3-501.173-501.17

New exemptions from date marking:New exemptions from date marking:– Exemption eliminated if product modifiedExemption eliminated if product modified

Commercially prepared deli salads Commercially prepared deli salads

shelf stable USDA sausages and meat products. shelf stable USDA sausages and meat products. 3-501.17(F)1-73-501.17(F)1-7




Time as a public health controlTime as a public health controlWritten procedures are required, two Written procedures are required, two methods are allowedmethods are allowed 3-501.193-501.19

1.1. ((ColdCold & & HotHot) Does not require temp. ) Does not require temp. monitoring. May start with monitoring. May start with 4141°°FF or or 135135°°FF with a max. time of 4 hours to cook or with a max. time of 4 hours to cook or discard.discard.

2.2. ((Cold OnlyCold Only) Requires temp. monitoring. ) Requires temp. monitoring. Starts at Starts at 4141°°FF and max. time of 6 hours or and max. time of 6 hours or temp. of temp. of 7070°°FF to cook or discard. to cook or discard.




Variance RequirementVariance Requirement

Changes to list of facility types requiring a Changes to list of facility types requiring a variancevariance– Deletes brewing alcoholic beveragesDeletes brewing alcoholic beverages– Adds molluscan shellfish life-support display Adds molluscan shellfish life-support display

tanks (if offered for human consumption)tanks (if offered for human consumption)– Adds sprouting seeds or beans (wheatgrass is Adds sprouting seeds or beans (wheatgrass is

a sprouted seed)a sprouted seed)

3-502.113-502.11




Reduced Oxygen PackagingReduced Oxygen Packaging

Adds Listeria M. to control for it’s growth Adds Listeria M. to control for it’s growth

Adds an entire section to deal with Cook-Chill or Adds an entire section to deal with Cook-Chill or Sous Vide processes. Sous Vide processes. 3-502.12(D)3-502.12(D)

– A variance is required unless they follow the A variance is required unless they follow the guidelines outlinedguidelines outlined

– A HACCP plan is required if no variance A HACCP plan is required if no variance – Cook Chill/Sous Vide products are not allowed to be Cook Chill/Sous Vide products are not allowed to be

distributed to another business or the consumerdistributed to another business or the consumer

Allows for Reduced Oxygen packing of CheeseAllows for Reduced Oxygen packing of Cheese




LabelingLabeling 3-602.113-602.11

Adds allergen labeling requirements to Adds allergen labeling requirements to foods that are prepackaged at retail.foods that are prepackaged at retail.

Consumer AdvisoryConsumer Advisory 3-603.113-603.11

Two options follow Two options follow eithereither::– Food Code or Food Code or – Food Law Food Law

Neither option is location specificNeither option is location specific




Highly Susceptible PopulationsHighly Susceptible Populations

RequiresRequires

– pasteurized eggs or egg products for the pasteurized eggs or egg products for the preparation of certain foods, preparation of certain foods,

– outlines where raw eggs maybe used, outlines where raw eggs maybe used, – banning raw seed sprouts, banning raw seed sprouts, – requires pasteurized juicerequires pasteurized juice

3-3-801.11801.11




Potentially Hazardous Foods Potentially Hazardous Foods Temperature Controlled for Safety Temperature Controlled for Safety

PHF/TCSPHF/TCS

Clearly defines what a PHF/TCS food isClearly defines what a PHF/TCS food is

Provides guidance on how to determine if Provides guidance on how to determine if a food is a PHF/TCS food, see Definitions a food is a PHF/TCS food, see Definitions PHF/TCS Food, and Annex 3 discussionPHF/TCS Food, and Annex 3 discussion

Guidance Coming



PHF/TCS FoodsPHF/TCS Foods

PHF/TCS foods are defined in terms as to PHF/TCS foods are defined in terms as to whether or not it requires time or temperature whether or not it requires time or temperature control for safety to limit pathogen growth or control for safety to limit pathogen growth or toxin formation. toxin formation. (Food Code H/O pg 6)(Food Code H/O pg 6)

The progressive growth of all foodborne The progressive growth of all foodborne pathogens is considered whether slow or rapid. pathogens is considered whether slow or rapid.

The “hurdle” effect is used – several inhibitory factors used together to control or eliminate pathogens that would otherwise be ineffective when used alone




The effect of a heat treatment which destroys vegetative cells is considered

The effect of packaging which prevents re-contamination is considered

When tables indicate “Product Assessment Required” (PA), the food must be treated as PHF/TCS Food until laboratory evidence shows otherwise

Tables A & B consider the interaction of pH and aw under certain conditions of heat-treatment and packaging



PHF/TCS FoodsPHF/TCS FoodsPreliminary questions: To determine if a food is

a PHF/TCS food.

Is the food held refrigerated for quality, not safety? What is the scientific basis? Does the firm want to change this method of sale?

Consider the food’s safety history – if not associated with foodborne outbreaks, scientific rationale should be able to explain why not

Is it Heat-treated if so must destroy vegetative cells

Guidance Coming




Preliminary questions: To determine if a food is a PHF/TCS food.

Packaging must be sufficient to prevent recontamination

Is the food homogenous, i.e. soup or is it a Is the food homogenous, i.e. soup or is it a combination food, i.e. focaccia bread. If it combination food, i.e. focaccia bread. If it is a combination food, product assessment is a combination food, product assessment is required for all layers of the food.is required for all layers of the food.




Preliminary Questions:Any pH and aw values must be accurate and replicable from a competent laboratory– pH value, use chemistry grade pH paper accurate to

±0.05 or calibrated equipment– aw value, use homogenous sample with calibrated

equipment

Determine which table to use,

Compare pH and aw, to determine whether food is PHF/TCS or not




Product assessment may result in a finding of:Non PHF/TCS, Time as a Public Health Control must be used or a limited shelf life imposedTemperature control for the food product is required Or the food may need to be reformulated to be Non PHF/TCS food product



FC - Chapter 4FC - Chapter 4

Updates references, combines a lead, Updates references, combines a lead, pewter and solder into one section, pewter and solder into one section,

Renumbers sectionsRenumbers sections

Replaces equipment w/ apparatus Replaces equipment w/ apparatus 4-204.1224-204.122

Amends references to counter mounted Amends references to counter mounted equipmentequipment



FC - Chapter 5FC - Chapter 5

Changed handwashing facility to Changed handwashing facility to handwashing sink throughout handwashing sink throughout

Amended section to clarify that floor drains Amended section to clarify that floor drains are allowed in walk-in refrigeratorsare allowed in walk-in refrigerators



FC – Chapter 6, 7 and 8FC – Chapter 6, 7 and 8

Reorganized sections for consistency with Reorganized sections for consistency with rest of Food Coderest of Food Code

Corrected cross references throughoutCorrected cross references throughout

Amended 8-501.40 to reflect reinstatement Amended 8-501.40 to reflect reinstatement of excluded or restricted employees to be of excluded or restricted employees to be consistent with Chapter 2-2.consistent with Chapter 2-2.



QuestionsQuestions

Upon further review of the MFL/FC if you have Upon further review of the MFL/FC if you have additional questions please contact:additional questions please contact:

Local Health DepartmentsLocal Health Departments– Food/Direct Supervisor firstFood/Direct Supervisor first– FSP ConsultantFSP Consultant

Michigan Department of Agriculture Michigan Department of Agriculture – Regional Supervisor firstRegional Supervisor first– Lansing office staffLansing office staff

michigan food law 2007 update. food law changes food law workgroup 18 months legislative process 4...

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