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New Retail Food Action Plan

By Lee Smith on September 29, 2011
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In its latest step to increase the safety of the American food supply, the U.S. Food and Drug Administration (FDA) announced a Retail Food Safety Action Plan that includes several measures to help assure the safety of food sold in stores, restaurants, schools, and other foodservice operations. In support of the Action Plan, FDA also unveiled a cooperative agreement with the National Association of County and City Health Officials . FDA and the Association will promote the use of best practices by local authorities and attempt to increase retail food safety oversight as well as encourage the implementation of  FDA’s Voluntary National Retail Food Regulatory Program Standards for retail food programs.

FDA today also released a Supplement to the 2009 FDA Food Code. The Food Code contains  model food-safety regulations for  retail and food-service operations including restaurants, schools and food stores. Local, authorities use the Food Code to develop food safety rules consistent with national regulatory policy.

Key changes contained in the new Supplement include:

 

  • Requiring that food establishments have a certified food protection manager  with the following additional requirements:
    • that all operating procedures required by the Food Code are developed and implemented;      
    • that it can be verified that all employees are informed about their obligation to report certain health conditions that relate to transmission of food borne illness; and
    • that any food the establishment receives after operating hours is delivered in a manner that does not create a food safety hazard;  
  • Requiring that food establishments have a plan for responding to and properly cleaning-up after an employee or other becomes physically ill in areas where food may be prepared, stored or served;  
  • Clarifying appropriate exceptions to the prohibition of bare hand contact with ready-to-eat foods prepared in the establishment;
  • Clarifying the requirements for the safe storage and display of ground and whole-muscle meat and poultry;
  • New requirements for devices used to generate chemical sanitizers on- site in the food establishment;
  • Establishing clearer guidelines for the amount time a food establishment should be given to correct violations of different types of provisions in the Food Code.
Lee Smith

Lee N. Smith focuses his practice on land and natural resource regulation and development, environmental compliance, water law, and litigation. He is experienced in federal and state water quality, air quality and hazardous materials compliance issues, including environmental due diligence projects for mining…

Lee N. Smith focuses his practice on land and natural resource regulation and development, environmental compliance, water law, and litigation. He is experienced in federal and state water quality, air quality and hazardous materials compliance issues, including environmental due diligence projects for mining and energy projects. He has handled cases before the Central Valley Regional Water Quality Control Board, the San Joaquin Unified Air Pollution Control District, and local environmental agencies. He has drafted and negotiated environmental provisions for complex agreements and assisted clients on due diligence issues. Lee has also been involved in state court litigation concerning pesticide contamination, the California Environmental Quality Act (CEQA), and Prop. 65 litigation, as well as federal litigation involving pesticide registration and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Lee Smith is a partner in our Sacramento and Fresno, California offices.

Practice Areas

  • Water Quality
  • Environmental and Natural Resources
  • Wine and Vineyard Law

Professional Associations

  • Fresno Chamber of Commerce, Environmental Issues Committee Counsel
  • Citizen’s Advisory Committee to the San Joaquin Valley Unified Air Pollution Control District
  • California State Bar Association, Environmental Law Section, Chair

Education

  • University of Utah College of Law, J.D., 1988, William S. Leary Scholar, 1985-1986
  • Brown University, A.B. environmental studies, 1981

Bar Admissions

  • California
Read more about Lee SmithEmail
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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Liability Law
  • Organization:
    Stoel Rives LLP

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