Ep. 160. 2023: A Year of Evolving Food Safety Concerns and Regulations

In this episode of Food Safety Matters, we review the top food safety stories of 2023 and their implications. Specifically, we discuss:

• Developments in the U.S. Food and Drug Administration’s (FDA’s) restructuring of its Human Foods Program and Office of Regulatory Affairs
• Ongoing concerns around infant formula safety and supply, including new regulations and guidelines, and how the crisis served as the catalyst for the reorganization of FDA's Human Foods Program
• New allergen guidances delivered by authorities worldwide and growing global concern over industry compliance with food allergen requirements, as well as U.S. industry’s unexpected response to the FASTER Act, which added sesame as the ninth major allergen
• Industry’s ongoing efforts to comply with FDA's Final Food Traceability Rule, which goes into effect in January 2026
• The battle over food additives legislation in the U.S. at the state level and FDA’s efforts to get ahead of a possible regulatory patchwork
• The growing concern with per- and polyfluoralkyl substances (PFAS) contamination in drinking water, food, the environment, and human bodies, leading to restrictions being placed on the use of these “forever chemicals” in food packaging and other applications
• The state of retail foodservice safety in the U.S.—especially in light of FDA releasing a new version of the Food Code—and in other countries
• The release of the Netflix documentary Poisoned, which put food safety in a unique spotlight, sparking conversations and debate among industry and consumers alike.

News and Resources

Reorganization of FDA’s Human Foods Program [6:05]

• New Stakeholder Coalition Formed to Advocate for Effective FDA Human Foods Program
• FDA Announces Appointment of Jim Jones as First Deputy Commissioner for Human Foods
• Latest Update on FDA Human Foods Reorganization Reveals Major Changes to ORA
• Frank Yiannas to Resign as FDA’s Deputy Commissioner of Food Policy and Response
• Food Safety Priorities—Your Thoughts on FDA's Proposed Reorganization (Food Safety Insights column from Food Safety Magazine)

Ongoing Concerns Around Infant Formula [14:21]

• FDA Updates Infant Formula Compliance Program, Puts Emphasis on Cronobacter, Salmonella
• FDA Updates on Prevention Strategy for Cronobacter Contamination of Infant Formula
• Cronobacter to be Added to the List of Nationally Notifiable Diseases
• FDA Releases Review of Response to Infant Formula Supply Crisis, Addresses Improvements
• After Finding Cronobacter, FDA Issues Warning Letters to Three Infant Formula Manufacturers
• FDA Asks Infant Formula Industry to Double-Check Food Safety Controls
• DOJ Criminally Investigates Abbott Nutrition After Fatal Outbreak Linked to Infant Formula

Global Focus on Allergens and on Sesame in the U.S. [22:31]

• FDA Updates Guidance to Address Food Manufacturers Circumventing Allergen Cross-Contact Requirements for Sesame
• FDA Revises Labeling Requirements in Guidance Documents to Include Sesame as Major Allergen
• Most Major Food Allergen Recalls Caused by Preventable Labeling Errors, Study Finds
• FAO/WHO Recommend Uniform Precautionary Allergen Labeling as Codex Develops Guidance
• UK FSA Updates Guidance on Precautionary Allergen Labeling, Clarifies “Vegan” vs. “Free-From”
• Milk Causes Most Food Allergen Recalls in UK, Study Finds
• Sweden to Develop a National Strategy for Food Allergies
• One in Four Swedish Restaurants Provide Incorrect Allergen Information
• 6 of 10 Dutch Businesses Not Providing Adequate Allergen Information for Non-Prepacked Foods
• Food Allergy Canada Releases Allergen Management Guidelines, Focus on Labeling
• Ma and D’lima: How FDA Enforces Allergen Requirements and Recalls to Ensure Food Safety (Food Safety Matters podcast)

FDA Food Traceability Final Rule Compliance Efforts [32:03]

• FDA Releases Guidance for Sprout Operations Under Produce Safety Rule, States FSMA 204 Inspections Will Begin 2027
• FDA Releases FSMA 204 FAQs, Tools, Resources
• FDA Releases Small Business Compliance Guide for FSMA Traceability Rule
• FDA Goes In-Depth About FSMA Food Traceability Final Rule
• CAST, IFT Publish Traceability Issue Paper to Help Industry Improve Food Safety
• GS1 US Publishes Food Traceability Final Rule Guidance
• Digitized Supply Chains Deliver Improved Visibility, Traceability, and Happy Customers
• How the Food Traceability Rule will Impact Food Processors—Part 1 (Food Safety Insights column from Food Safety Magazine)
• How the Food Traceability Rule will Impact Food Processors—Part 2 (Food Safety Insights column from Food Safety Magazine)
• Friedlander and Lasprogata: FDA and Industry Perspectives on FSMA 204 (Food Safety Matters podcast)
• Ep. 158. Harris and Grantham: How Food Processors are Preparing to Meet FSMA 204 Traceability Requirements (Food Safety Matters podcast)

Food Additives Legislation [40:20]

• California Food Safety Act Signed Into Law, Officially Banning Four Toxic Additives by 2027
• Following California’s Example, New York State Bill Would Ban Five Most “Pervasive and Harmful” Chemical Food Additives
• Study Supports Food Safety of Titanium Dioxide, Addresses Data Gaps
• FDA Proposes to Stop Allowing Brominated Vegetable Oil in Food, Says Red Dye 3 May Be Next

Retail Foodservice Safety [49:55]

• FDA Releases 2022 Food Code
• Pennsylvania, Mississippi First to Adopt 2022 Version of FDA Food Code, According to Status Report
• 40 Percent of Retail Foodborne Illness Outbreaks Linked to Sick Employees, Says CDC
• CDC Study Highlights Restaurant Characteristics Most Associated With Food Cross-Contamination
• USDA-FSIS Updates Guidance for Controlling Listeria in Delis
• EU Study Reveals Barriers to and Benefits of Adopting Digital Technologies for Retail Food Safety Inspections
• Australia Updates Food Safety Standards for Foodservice, Retail Sector
• WHO Releases Manual for Improving Safety of Traditional Food Markets
• Ep. 154. Guzzle, Ham, Lewis, Pierce: 30th Anniversary and Ongoing Implementation of FDA's Food Code (Food Safety Matters podcast)
• Ep. 151. Pierce, Morales, and Quam: Behavioral Science of Food Safety in Small-Scale Retail Foodservice (Food Safety Matters podcast)
• Pierce, Chapman, and Zimmerman: The Behavioral Science of Retail Food Safety Culture (Food Safety Matters podcast)
• Retail Sector Faces "New Era" of Food Safety Regulatory Focus (FSM eDigest feature article)
• Current States of Food Safety Culture and FSMSs in Food Establishments (Food Safety Magazine cover story)
• New Uses for Existing Technologies to Reduce the Risk of Persistent Pathogens on Surfaces in Retail Foodservice (Food Safety Magazine column)
• Food Safety Leadership in the Business of Food Safety (digital book)

PFAS Concerns and Restrictions [59:04]

• EPA to Regulate Certain PFAS as Contaminants, Set Limits in Drinking Water
• Half of U.S. Drinking Water Contaminated by Toxic PFAS, Reports USGS
• EPA Releases First Dataset for Three-Year Project Monitoring PFAS, Lithium in U.S. Drinking Water
• FDA Provides Updates on PFAS Testing, Research
• PFAS Found in Eggs Laid by Hens that are Fed Contaminated Feed
• Study Shows “Significant Risk of Exposure” to PFAS from Food, Pesticide Packaging
• One Serving of Freshwater Fish Equivalent to Drinking PFAS-Contaminated Water for a Month, U.S. Study Finds
• “Safer” PFAS Types Used in Food Packaging Still Hazardous, Study Finds
• 3M Will Stop PFAS Manufacturing by the End of 2025
• Sabert Commits to Eliminating PFAS from All Products by End of 2023
• Study Suggests Strong Link Between PFAS Consumption and Thyroid Cancer; No End to PFAS Exposure in Sight
• Study Associates Exposure to Multiple PFAS with Metabolic, Thyroid Harm
• Minnesota Poised to Ban Nearly All Uses of PFAS
• EU Sets Limits for PFAS in Certain Foods
• Experts Urge Overhaul of UK Standards for PFAS in Drinking Water, Report Concerning Levels of Contamination
• PFAS in Food Packaging: Is it Time to Consider a Change? (Food Safety Magazine column)

Netflix’s Poisoned Documentary [1:09:30]

• Poisoned—Book on Prominent Foodborne Illness Outbreak—Getting New Edition, Netflix Documentary
• Ep. 153. Dr. Darin Detwiler: Reflections on Netflix's Poisoned and 30 Years of Food Safety Advocacy (Food Safety Matters podcast)
• Ep. 128. Bill Marler: Perspectives on Poisoned and Food Safety Progress (Food Safety Matters podcast)

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