Tag Archives: FDA Food Code

Wiping down table

EPA Draft Guidance on Virus Claims for Antimicrobial Products

By Food Safety Tech Staff
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Wiping down table

In July, EPA released the draft guidance “Evaluation of Products for Claims against Viruses,” which proposes how registrants of antimicrobial products with sanitizing claims could add claims that these products are effective against viruses. The guidance, once finalized, would expand the availability of antimicrobial products that are effective against viruses such as SARS-CoV-2.

At the IAFP Conference in Toronto, Tajah Blackburn of EPA, Veronica Moore of FDA and Lee-Ann Jaykus of North Carolina State University, looked at the goals of EPA in proposing changes to registration and labeling of sanitizers that make viral claims, noting that the agency’s focus is on viruses transmitted by food. In particular, EPA is concerned with viruses known to be resistant to the most commonly used physical cleansers and disinfectants, and environmentally persistent viruses.

Under federal law, all antimicrobial products that claim to kill pathogens like viruses and bacteria on surfaces must be registered with EPA before they can be sold or distributed in the U.S. EPA primarily classifies antimicrobial products as sanitizers, disinfectants, and/or sterilants based on the product performance, test methods used to demonstrate efficacy, and microorganisms tested. Many products are registered with EPA as both sanitizers and disinfectants because they have undergone testing to support both claims.

The EPA noted in its announcement of the new draft guidance that products registered with only sanitizing claims may contain lower amounts of active ingredients and may have shorter contact times compared to products registered as disinfectants. Certain types of sanitizers can be used in food service and food processing facilities on surfaces such as dishes and utensils. Historically, EPA guidance has addressed the addition of claims against bacteria—but not against viruses—to products registered only with sanitizing claims.

Based on the proposed guidance, if laboratory data indicate that a product registered only with sanitizing claims meets EPA’s criteria for efficacy against viruses, the product could include claims against viruses on its label. New virucidal claims for sanitizers would rely on the same performance and testing standards currently used to assess products efficacy against viruses, such as disinfectants. If the draft guidance is finalized, it could lead to changes in the FDA Food Code to reflect new labeling regulations, said Blackburn.

EPA proposes to pilot this draft guidance over seven years to allow enough time to assess the outcome. Based on the outcomes, the agency will determine whether the guidance should be modified, terminated or made permanent.

The draft guidance is available for public comment (docket EPA-HQ-OPP-2023-0288) at regulations.gov.

 

 

Francine Shaw
FST Soapbox

Food Safety Imagery in Social Media: Exploring the Positive and Negative Aspects

By Francine L. Shaw
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Francine Shaw

In today’s digital age, the use of imagery in social media, articles and marketing materials has become increasingly prevalent. Images can enhance (or distort) the messages conveyed through text, bringing about a range of positive and negative consequences. This article explores the multifaceted nature of imagery, focusing on its impact on accountability, brand reputation, liability, adherence to the FDA Food Code regulations, legal ramifications, and the concern of those who monitor these visuals.

Some important things to consider include:

Accountability of Site Owners. Using imagery in social media and on website is a significant responsibility for publishers and social media page managers. Visually appealing imagery can attract users and enhance engagement, leading to increased traffic and revenue. However, site owners must ensure that the images used are accurate, ethical and respectful. Failure to do so can result in misrepresentation, manipulation or dissemination of harmful content, leading to a loss of trust as well as accountability issues for the site owner or publisher.

Brand Reputation. Imagery plays a crucial role in shaping brand identity and reputation. Effective use of the proper visuals can help establish a strong brand identity and improve consumer perceptions of your products. The right imagery evokes emotions, creates connections and enhances brand recognition. However, a mismatch between the imagery and the brand’s values—or the use of misleading visuals—can damage an organization’s reputation, leading to public backlash and eroding trust.

Liability. Copyright infringement, invasion of privacy and/or the use of misleading or deceptive visual content can create liability concerns for brands and publishers. Content creators must understand and adhere to legal guidelines governing the use of images to avoid legal repercussions and potential damages. For instance, unauthorized use of copyrighted images can lead to legal claims and financial penalties. Additionally, manipulation or propagation of explicit, defamatory or offensive visuals may result in lawsuits and reputational damage. Content creators must be vigilant in obtaining proper permissions and ensuring their visuals comply with legal standards.

Compliance and Regulations. Images are widely used to market food products, services and brands, as well as to influence consumer choices. However, these images must align with the FDA Food Code and FD&C Act regulations, both of which require an accurate depiction of advertised food. Misleading visuals can result in false expectations and regulatory violations.

In addition, using imagery that visually represents U.S. regulations and industry standards for safe food handling and preparation is critical for businesses, as it assures consumers that your methods align with recognized food safety guidelines.

Who’s Watching 

In the digital age, the responsibility of policing imagery goes beyond site owners and extends to society as a whole. Users, consumers, regulatory agencies, insurance companies, attorneys, competitors and advocacy groups are pivotal in monitoring and holding accountable those who misuse or manipulate imagery. Vigilance from individuals and collective efforts to report inappropriate imagery can create an environment of shared responsibility, fostering greater accountability across social media, print publishing and the Internet.

Using images that are accurate and compliant with federal and state regulations can have multiple benefits, including:

  • Legal Compliance. Images that adhere to (or reflect) FDA Food Code requirements help businesses avoid potential legal issues and penalties that may arise from noncompliance and boost a brand’s reputation.
  • Health and Safety. The FDA Food Code is designed to ensure food safety and protect public health. Using compliant images can help promote and reinforce safe food handling, preparation and display of food, reducing the risk of foodborne illnesses.
  • Consumer Trust. Displaying food images that are compliant with U.S. regulations and industry best practices show a commitment to maintaining high standards of quality, safety and hygiene. This can help build trust with key audiences, including consumers, regulatory bodies, advocacy groups and influencers, leading to increased credibility and brand reputation.
  • Clear Communication. The FDA Food Code provides guidelines on proper labeling, disclosure of common allergens and accurate representation of food products. Compliant images enable effective and clear communication of important information to consumers, ensuring they have the necessary details to make informed choices.

Imagery in social media and printed articles holds immense potential to positively impact engagement, brand reputation and communication. However, it also brings forth challenges related to liability, accountability, adherence to legal and ethical standards, and the need for effective monitoring. Stakeholders must balance harnessing the power of visuals and ensuring their responsible use. As technology further evolves, the continuous improvement of content moderation systems and cooperation among platform owners, publishers and creators become crucial to mitigate the negative aspects associated with imagery and maximize its positive potential.

 

2022 FDA Food Code

FDA Issues 2022 Food Code

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2022 FDA Food Code

The FDA has issued the 2022 edition of the FDA Food Code, which contains some significant changes, including:

  • Adding sesame as a major food allergen to reflect that the Food Allergy Safety, Treatment, Education, and Research Act of 2021 established sesame as the 9th major food allergen
  • Informing consumers, in writing, of major food allergens as ingredients in unpackaged food
  • Adding labeling of major food allergens in bulk food that is available for consumer self-dispensing
  • Creating new requirements for the allowance of pet dogs in outdoor dining spaces
  • Revising the definition of intact meat, including enhancements to clarify time/temperature cooking requirements

For the first time, the FDA Food Code specifically addresses food donations, included as part of the Biden-Harris Administration’s National Strategy on Hunger, Nutrition, and Health. The National Strategy, which was rolled out in September at the White House Conference on Hunger, Nutrition, and Health, provides a roadmap of actions the federal government is taking to end hunger and reduce diet-related diseases by 2030.

The FDA noted that the 2022 edition reflects the input of regulatory officials, industry, academia, and consumers that participated in the 2020 biennial meeting of the Conference for Food Protection (CFP).

The Food Code is offered for adoption by local, state, and federal governmental jurisdictions for administration by the various departments, agencies, bureaus, divisions, and other units within each jurisdiction that have been delegated compliance responsibilities for food service, retail food stores, or food vending operations. Alternatives that offer an equivalent level of public health protection to ensure that food at retail and food service is safe are recognized in the Food Code.

View a full list of the Summary of Changes.

 

FDA

FDA Releases Voluntary Retail Program Standards

By Food Safety Tech Staff
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FDA

After receiving input from federal, state, and local regulatory officials, along with industry and trade associations, academia, and consumers, FDA issued its Voluntary National Retail Food Regulatory Program Standards last week. The standards address “what constitutes a highly effective and responsive retail food regulatory program,” according to the document.

The Retail Program Standards include:

  • Promoting the adoption of science-based guidelines from the FDA Food Code
  • Promoting improvement of training programs to ensure local, state, tribal, and territorial staff have the necessary skills, knowledge and abilities
  • Implementing risk-based inspection programs
  • Developing outbreak and food defense surveillance plans to enable systematic detection and response to foodborne illness or food contamination

The 2015 edition contains new worksheets that are intended to assist regulatory programs in looking at how their programs line up with the 2013 Food Code. This includes helping them assess the consistency and effectiveness of their enforcement activities, and a verification tool to help independent auditors with these self-assessments. Although jurisdictions can use the worksheets and other materials without enrolling in the Retail Program Standards, FDA encourages them to do so, as enrollment allows them to apply for FDA funding. The agency also lists the jurisdictions enrolled in the program here.