[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Notices]
[Pages 49246-49247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24956]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 97N-0378]


Food Code; 1997 Revision; 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 1997 revision of the Food Code. This 1997 revision 
was initiated in cooperation with the Conference for Food Protection 
(CFP) to help ensure that safe, unadulterated, and honestly presented 
food is sold or offered for human consumption by retail food 
establishments.

ADDRESSES: The 1997 revision of the Food Code is available for public 
examination in the Dockets Management Branch (HFA-305), Food and Drug 
Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: 
    Regarding questions about this document: Betty Harden, Office of 
Field Programs, Center for Food Safety and Applied Nutrition (HFS-627), 
200 C St. SW., Washington, DC 20204, 202-205-8140.
    Regarding additional information about the CFP: Leon Townsend, 
Conference for Food Protection, 110 Tecumseh Trail, Frankfort, KY 
40601, 502-695-0253.

SUPPLEMENTARY INFORMATION: FDA provides assistance to local, State, and 
Federal governmental bodies to ensure that the food that is provided to 
consumers by retail food establishments is not a vector of communicable 
diseases. One mechanism for providing that assistance is the 
publication of a model code that sets out FDA's best advice for a 
uniform system of regulation to ensure that the food sold or offered 
for human consumption at retail is safe, properly protected, and 
accurately presented.
    The CFP was originally established in 1971 by State and Federal 
officials and by representatives of industry. In 1988, the CFP adopted 
a constitution and by-laws to provide a formal structure under which 
State regulatory authorities could meet and consider guidelines for 
improving food safety in the retail segment of the food industry.
    At the 1986 CFP meeting, FDA presented a White Paper that 
recommended combining the three distinct model codes that existed at 
that time (retail food stores, food service facilities, and vending) 
into a Food Protection Unicode. The CFP endorsed the approach that FDA 
would develop a model Food Protection Unicode as a priority project. 
FDA formed a Unicode Task Group and published a notice of the Unicode's 
availability for comment in the Federal Register of May 9, 1988 (53 FR 
16472), when the Task Group completed a draft. Based on comments 
submitted in response to that notice, and in consideration of 
subsequent comments provided by regulatory officials, industry 
representatives, academia, and consumer representatives at the CFP 
meetings in 1988, 1990, and 1992, FDA modified the document and 
finalized it as the 1993 Food Code. Based on field application trials, 
further comment, and input from the 1994 CFP meeting, FDA issued a 
revised version of the 1993 Food Code as the 1995 Food Code.
    The CFP wrote a letter to FDA on May 28, 1996, and suggested 
changes in the 1995 Food Code. The CFP developed these suggestions in 
cooperation with the Association of Food and Drug Officials (AFDO).
    The 1997 Food Code responds to those suggestions. Noteworthy 
changes from the 1995 Food Code include the following:
    (1) Modification of the definition of potentially hazardous food to 
specifically state that a food might contain pathogens even though it 
does not qualify as a potentially hazardous food;
    (2) Identification of three methods of complying with the knowledge 
requirements for the person in charge;
    (3) Addition of Shigella spp. and E. coli O157:H7 to the list of 
organisms that warrant restriction or exclusion if a food worker is 
found to be an asymptomatic shedder;
    (4) Removal of the special handwashing procedures and reservation 
of that section;
    (5) Allowance for the storage of potentially hazardous food at 45 
deg.F (7  deg.C) under certain conditions;
    (6) Adjustment of the number of days that prepared foods may be 
stored at 41  deg.F (5  deg.C) and 45  deg.F from 10 to 7 and from 3 to 
4, respectively;
    (7) Revision of certain cooking temperatures and times, e.g., for 
preparing ratites and formed roast beef and for microwave cooking;
    (8) Modifications throughout the document to coincide with the 
seafood hazard analysis critical control point rule at 21 CFR parts 123 
and 1240;
    (9) Provision for the regulatory authority to approve alternatives 
to the rule of no bare hand contact with ready-to-eat food;
    (10) Insertion of an explanation of the current status of the 
consumer advisory language recommended by the CFP;
    (11) Use of the term ``raw shell eggs'' to distinguish provisions 
that apply to in-shell eggs versus in-shell eggs that were subjected to 
in-shell pasteurization at a food processing plant;
    (12) Addition of a statement that shell eggs placed, upon receipt, 
in a refrigerated unit that maintains food at the required temperature 
constitutes satisfactory compliance;
    (13) Addition of a section that collates and expands the Food 
Code's special precautions for highly susceptible populations;
    (14) Removal of the requirement for a specified carbonator backflow 
prevention device and reservation of the section; and
    (15) Update of information and addition of user aides in the 
annexes.
    The 1997 revision of the Food Code is available for public 
examination in

[[Page 49247]]

the Dockets Management Branch (address above) between 9 a.m. and 4 
p.m., Monday through Friday.
    Copies of the 1997 Food Code are available on the World Wide Web at 
http://vm.cfsan.fda.gov/list.html or at http://www.fedworld.com. The 
1997 Food Code also may be purchased from the National Technical 
Information Service, U.S. Department of Commerce, Springfield, VA 
22161, in several formats: Spiral bound, WordPerfect 6.1 files on 
diskette, or enhanced electronic version on diskette or CD-Rom. The 
enhanced versions include electronic features such as hypertext links 
that enable the reader to quickly locate a specific code provision and 
to simultaneously read the text of cross-referenced documents.

    Dated: September 12, 1997.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 97-24956 Filed 9-18-97; 8:45 am]
BILLING CODE 4160-01-F