Food-Safety Regulations: What's In The Works For 2015?

By Laurel Maloy, contributing writer, Food Online

Each fall and spring the USDA publishes its Current Regulatory Plan and the Unified Agenda of Regulatory and Deregulatory Actions, detailing ongoing and upcoming regulatory actions

The U.S. Department of Agriculture (USDA) and the Food Safety Inspection Service (FSIS) have a busy year ahead. In addition to finalizing and implementing the Food Safety Modernization Act (FSMA), there are numerous additional regulations being affected that also require amendments. 

The following actions have had a Notice of Proposed Rulemaking (NPRM) published in the Federal Register. The rulemaking process is not an easy one, though the USDA has made it easier for food suppliers and processors to understand. This PDF explains how proposed rules become regulations. The following is a calendar for what is on the USDA’s plate for the first half of 2015.

Pending Actions From December 2014
The final regulations are being developed to establish a “common or usual name for raw meat and poultry products containing solutions.” This will be for products that do not currently meet a specific standard of identity. FSIS is proposing that an accurate listing of the ingredients be included on the label in descending order by weight. The requirements for the font and label background are also still being discussed. FSIS will also be removing the standard of identity for “ready-to-cook poultry products to which solutions are added as regulated in 9 CFR 381.169. Agency Contact: rosalyn.murphy-jenkins@fsis.usda.gov

The proposed regulation requiring the use of “mechanically tenderized” label language on raw or partially cooked blade- or needle-tenderized beef products is being finalized. The font and label color are being established so it is uniformly recognizable. The product name for any mechanically tenderized beef product must include that designation. Additionally, mechanically tenderized products must include validated cooking instructions, specifying the minimum internal temperature and the length of time that temperature must be maintained prior to consumption. All raw or partially cooked mechanically tenderized beef products destined for household consumers or public institutions will be subject to the regulation. Agency Contact: rosalyn.murphy-jenkins@fsis.usda.gov

February
The interim final rule, “Control of Listeria monocytogenes (Lm) in Ready-to-Eat (RTE) Meat and Poultry Products” is being affirmed by FSIS. Originally published in the 68. FR 34208 issue of the Federal Register in June 2003, the rule lays out the requirements for establishments producing Ready-to-Eat meat and poultry products for controlling Listeria monocytogenes. Once established, implemented, and included in facility HACCP, SSOPs and other prerequisite control programs, FSIS will have the authority to reduce reporting frequency for those facilities maintaining the same processing methods while successfully preventing Lm contamination.  Agency Contact: daniel.engeljohn@fsis.usda.gov

Finalization is also expected on amendments to the meat, poultry, and egg product inspection regulations. As an alternative to the paper-based application system for export and certification, an electronic application system is being developed. It will be a component of the Public Health Information System (PHIS); users will pay a fee, the formula currently being calculated. The egg product export regulations are being amended to mirror the meat and poultry export requirements. Agency Contact: rita.kishore@fsis.usda.gov

April
Still in the proposed rule stage, this amendment will govern the import of fruits and vegetables, broadening the existing standards and providing for the introduction of new fruits and vegetables for import. The hope is to streamline the process, moving away from the proposed and final rulemaking procedures, adopting instead a notice-based process. The process for interstate movement from Hawaii and the U. S. territories will also be revised. The amendment would provide for a more responsive regulatory approach to the ever-changing pest situations for all involved parties, but would not alter the science-based process used to identify the risk. Agency Contact: Matthew Rhoads, USDA, APHIS, (301) 734-8790

June
FSIS is proposing that Nambia be added to the list of countries able to export meat products to the U.S. Not currently on the list, if this proposed rule is adopted, meat and meat products from Namibia will be subject to re-inspection at U.S. ports of entry by FSIS. Meat and meat products passing inspection will receive the official U.S. mark of inspection and will enter commerce. Meat and meat products failing inspection will be re-exported, destroyed, or converted to animal food. Inspection will include all aspects of the import process and the associated documentations, as well as laboratory testing for chemical residues and microbiological contamination.  Agency Contact: andreas.keller@fsis.usda.gov

July
FSIS proposes to amend current regulations on procedures in regard to preventing contamination of beef carcasses and parts by enteric pathogens and fecal material throughout the entire slaughter and dressing process. Processors will be required to develop, implement, and maintain written procedures, incorporating these procedures into their Sanitation Standard Operating Procedures (SSOPs) and Hazard Analysis and Critical Control Point (HACCP) plans. Within this regulation, the standards set forth by FSIS for acceptable Salmonella performance standards for carcasses and ground beef will be removed, as will the generic E. coli testing requirements for cattle. Agency Contact: charles.williams@fsis.usda.gov

The agency is also proposing that the recordkeeping regulations for facilities, including retail establishments that grind raw beef products for public sale, be amended. The documentation will be required to include the names of suppliers for all raw materials that have been utilized, as well the lot numbers, and the name of the raw material itself. The intent is to be able to thoroughly and quickly trace all material in the event an investigation is warranted. Agency Contact: victoria.levine@fsis.usda.gov 

These pending actions only represent a small portion of the agency’s entire purview, but are indicative of the work yet to do in order to maintain, implement, and grow an efficient global food safety system. You can view the current FSMA actions being implemented here. The fact the USDA is so busy ensures that all in the food-supply chain have an opportunity for substantial growth and personal success. Worldwide, brands and consumers will benefit immensely.