[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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