How does FSMA apply to restaurants?

The FDA creates the Food Safety Modernization Act (FSMA) to protect consumers from foodborne illnesses. It tracks compliance, and quality assurance and plays a significant role in keeping consumers safe. Furthermore, it averts foodborne illness outbreaks. Restaurants should familiarize themselves with the requirements for FSMA. That way, they can protect their customers and their brand.

So many foodborne illness cases are traced to improper handling at the restaurant level, that foodservice operators could be next in line for regulatory oversight.

The new rules establish stepped-up standards for preventive controls, environmental monitoring, product testing, sanitary transportation, water quality, and other procedures.

Facilities that manufacture, produce, import, distribute and transport food for consumption in the United States. As a result, restaurant companies that supply products from central commissaries or bakeries, for instance, could need to comply with the law, as would any foodservice operation that directly imports ingredients.

So which parts of FSMA could apply to restaurants? In the following few paragraphs, we’re going to explain it.

FSMA: What is it?

Barack Obama issued the Food Safety Modernization Act (FSMA of the FDA) in 2011. It aims to transform food safety. The industry shall use practical actions to prevent pollution. FSMA of the FDA has preventive controls for human and animal food, including specific requirements for food suppliers, foreign importers, and qualified individuals.

The FDA finalized seven major rules to implement the FSMA. The rules translate the act into specific actions at each point in the global supply chain to reduce contamination and make it easier to implement the changes. Those seven rules are:

1. Preventive Controls for Human Food – Human food facilities registered with the FDA must execute a written plan that identifies hazards and outlines appropriate preventive controls
2. Preventive Controls for Animal Food – Animal food facilities registered with the FDA must implement a written plan that identifies hazards and outlines appropriate preventive controls
3. Produce Safety – Establishes minimum standards for growing, harvesting, packing, and storing produce.
4. Foreign Supplier Verification Program – Importers must verify that their global suppliers comply with FDA regulations.
5. Third-Party Certification – Accredits third-party certification bodies to administer voluntary consultative and regulatory audits to help companies prepare for regulatory audits or achieve certifications.
6. Food Defense (intentional adulteration) – Food facilities registered with the FDA must develop a plan that assesses contamination vulnerabilities and document a mitigation strategy for each vulnerability
7. Sanitary Transportation – New requirements for companies that transport food, including shippers, receivers, loaders, and carriers
   

Who’s Responsible?

FSMA impacts food manufacturers and distributors. However, restaurants are responsible for double-checking that the food they receive is up to standard.

The restaurant has a right and responsibility to access the shipper, loader, and carrier records to ensure that the cold chain has been maintained throughout the journey.

If a restaurant patron becomes sick from food that was improperly handled throughout the supply chain, the restaurant chain’s reputation and brand are at risk.

Foreign Supplier Verification Program (FSVP)

Prevention is critical for food safety, mainly when food is being imported. If your ingredients come from foreign sources, FSVP applies to you if you import goods directly. If you use an importer, FSVP applies now to your importer.

One aspect of FSVP is that importers need to perform certain risk-based activities to verify that the food is produced in a way that meets United States safety standards. Following this verification ensures that the food in your restaurant poses no hazardous risk to your customers. Certain imported goods do not fall under FSVP, such as many foods covered by HACCP.

The importer may be an individual on your food safety team in some cases. Knowing who on your team is the importer is significant. The importer is the individual who controls the finances of the imported food, controls the agent, or controls the goods.  

As a restaurant, it is crucial to be aware of FSVP, though the importer abides by the rules. However, food safety starts at the source, so your relationship with your suppliers and distributors must be solid and transparent.

Sanitary Transport Rule

Sanitary Transport Rule was put in place to keep food safe from contamination during transport. Food should be kept within a clean, temperature-controlled environment throughout the supply chain. In addition, the vehicle which is transporting the food must be organized in a way to protect it from cross-contamination.

The rule impacts shippers, loaders, carriers, and receivers involved in the transportation of food. If you own or operate your food distribution channel, the Sanitary Transport Rule applies to you. To ensure food safety, it’s essential to set detailed standards for shipping and receiving in your standard operating procedures agreement with your distributor.

Under the Sanitary Transport of Human Food Final Rule, both the shipper and receiver must verify that shipments received arrive within temperature ranges to prevent food spoilage. In addition, the vehicle delivering the food is clean and well maintained.

What to do when a product arrives at your restaurant?

When a delivery arrives, it’s the restaurant’s responsibility is to ensure the food meets quality and food safety standards. Some things that employees should do to check the quality and safety of food upon arrival are:

• Make sure that the food is coming from an approved source. There should be proper documentation upon arrival.
• Take external temperatures of about 5-7 products. Employees should learn to fold the product over and around the food probe to check the temperature.
• Check the condition of the packaging for contamination, rips, or tampering.
  

What Could Non-Compliance Do to My Business?

If the FDA finds violations of the FSMA, it’ll issue a warning letter and publish it publicly on its website. Facilities and restaurants have 15 days to comply with the warning letter; the FDA may re-inspect the plant to ensure compliance and issue fees to cover the costs of the second inspection.

The FDA could issue a food recall order if the contamination is pervasive, and it has the authority to assess and collect fees related to the recall. If the health hazard to the public is excellent enough, the FDA may even seize the contaminated food article. In especially severe cases, the FDA may suspend the registration of food facilities (which can lead to temporary or permanent shutdown).

However, consequences aren’t only enacted by the FDA. It takes time, money, and effort to redo processes to ensure compliance if they aren’t done correctly in the first place. In addition, in the event of a recall, illness and negative media attention can erode a company’s reputation, decreasing consumer trust and profits. It can also lead to a loss of market share and competitive advantage. Consumers can also sue companies in the case of wrongful death or illness related to foodborne diseases.
 

Sarahi Lara, Food and Biotechnology Eng.

“Hazard Junior writer. I am in charge of elaborating HACCP plans for restaurants and government teams in the Hazard Analysis part. In addition, I have worked with other companies in the area of quality and food safety, supporting them in systems such as FSSC 22000 and the creation of HACCP plans and review of internal audits.”