[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1642]


[Federal Register: January 28, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. 87N-0056]


Food Code: 1993 Recommendations of the United States Public 
Health Service/Food and Drug Administration; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of the ``Food Code: 1993 Recommendations of the United 
States Public Health Service/Food and Drug Administration'' (the 1993 
Food Code). The 1993 Food Code consists of model requirements for 
regulating the retail segment of the food industry to safeguard public 
health and to ensure that the food is not adulterated and is honestly 
presented when offered to the consumer. The 1993 Food Code updates, 
combines, and replaces three separate preceding models: The 1976 Food 
Service Sanitation Code; the 1978 Food and Beverage Vending Code; and 
the 1982 Retail Food Store Sanitation Code. It covers management and 
personnel; food; equipment, utensils, and linens; water, plumbing, and 
waste; physical facilities; poisonous or toxic materials; and 
compliance and enforcement. This project was initiated at the 
recommendation of the Conference for Food Protection (the Conference).

ADDRESSES: The 1993 Food Code may be ordered from the National 
Technical Information Service (NTIS), U.S. Department of Commerce, by 
calling 703-487-4650 for regular service or 800-553-NTIS for rush 
service and by using a major charge card or NTIS deposit account. For 
information on ordering by mail or at the NTIS Bookstore in 
Springfield, Virginia, please call NTIS on 703-487-4650. For electronic 
access (via FedWorldTM) to ordering and downloading options, dial 
703-321-8020 with a modem (Internet: fedworld.gov). The 1993 Food Code 
is available in paper copy and on diskette. To order a spiral-bound 
printed copy of field-manual quality, ask for PB94-113941/AS at $23.00 
per copy. To order a microcomputer diskette copy (WordPerfect), ask for 
PB94-501285/AS at $17.50 per copy. Between the time of notice of 
availability and the printing of the spiral-bound copies, a limited 
number of photo-reproduced copies is available. This reproduced copy is 
suitable for immediate use but does not have the appearance, 
durability, or tabulation of the printed, spiral-bound copy. To order a 
reproduced copy, ask for PB94-113933/AS at $44.50 per copy. Payment may 
be made by check, money order, charge card (American Express, Visa, or 
Mastercard), or billing arrangements made with NTIS. Charge card orders 
must include the charge card account number and expiration date. The 
1993 Food Code is available for public examination in the Dockets 
Management Branch (HFA-305), Food and Drug Administration, rm. 1-23, 
12420 Parklawn Dr., Rockville, MD 20857, between 9 a.m. and 4 p.m., 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Arthur L. Banks, Center for Food 
Safety and Applied Nutrition (HFS-627), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-8140.

SUPPLEMENTARY INFORMATION: FDA is responsible under section 311 of the 
Public Health Service Act (42 U.S.C. 243) and 21 CFR 5.10(a)(2) and 
(a)(4), and the statutory provisions cited therein, for providing 
assistance to State and local governmental jurisdictions with respect 
to the prevention of communicable disease and the enforcement of their 
public health regulations. For many years, FDA has used model food 
codes as one means of assisting the several thousand Federal, State, 
and local agencies that have primary responsibility for regulating 
retail-level food establishments such as restaurants, institutions, 
grocery stores, and food vending locations. The model codes that FDA 
has prepared are not Federal laws or regulations and are not preemptive 
but are widely referenced, adopted, and applied at all levels of 
government. FDA periodically updates and reissues the model codes.
    FDA has determined that a new model food code revision is necessary 
for the retail segment of the food industry because new technologies 
are being applied by the industry; new information about the nature, 
contributing factors, and means of preventing foodborne illness have 
become available; and new approaches to inspection have been developed 
since FDA last revised its three existing model codes on retail food. 
FDA has also concluded that there was a need to combine the provisions 
of these codes into a single document because the traditional lines of 
demarcation between the types of food operations covered by each of the 
separate codes, as well as between food service firms versus food 
stores, have largely disappeared. Pursuant to this determination, FDA 
issued a notice in the Federal Register of April 13, 1987 (52 FR 
11885), that announced the agency's plan to revise the retail food 
codes. In that notice, FDA cited the problems that States were having 
with the model codes and the opportunities offered by a new unified 
code.
    In the Federal Register of May 9, 1988 (53 FR 16472), FDA announced 
the availability for comment of a draft model Food Protection Unicode 
that would update and combine the food protection and sanitation 
provisions contained in the separate model codes covering food service, 
food vending, and retail food stores. Interested persons were given 
until August 8, 1988, to comment. FDA subsequently extended the comment 
period until October 7, 1988 (53 FR 29953, August 9, 1988), in response 
to requests from three trade associations, one State agency, and the 
Conference.
    FDA received over 150 letters, each containing 1 or more comments, 
in response to the draft model Food Protection Unicode. FDA considered 
each of the comments and modified the document as appropriate based on 
the information that it received. Among the comments that FDA 
considered were those of the Conference, which were submitted after the 
Conference's 1992 meeting in Baltimore, MD.
    The 1993 Food Code provides definitions of terms; standards for 
management and personnel, food operations, equipment, and facilities; 
and guidance on food establishment plan review, permit issuance, 
inspection, restriction of infected food employees, holding and 
examination of food, and permit suspension. This new combined model 
code also includes: (1) New provisions covering management 
responsibilities and knowledge and employee health and practices; (2) a 
new framework for the application of hazard analysis critical control 
point principles at the retail level; (3) a variance procedure for 
approving food processing at the retail level; (4) enhanced and more 
flexible criteria for safe time/temperature management of potentially 
hazardous foods; (5) new provisions pertaining to consumer information 
and public disclosure; and (6) more comprehensive code enforcement 
provisions.

    Dated: January 11, 1994.
 Michael R. Taylor,
 Deputy Commisioner for Policy.
[FR Doc. 94-1642 Filed 1-21-94; 4:31 pm]
BILLING CODE 4160-01-F