Nutrition & Foodservice Edge Magazine - March/April 2023 - 8

1 HR SAN
CE
CBDM APPROVED
FOOD PROTECTION CONNECTION
9 FOOD CODE
UPDATES YOU
NEED TO KNOW
BY CHRISSY CARROLL, MPH, RD
ON DECEMBER 28, 2022, the Food and Drug Administration
(FDA) released the latest edition of the Food Code, which
provides safety standards to mitigate the risk of foodborne
illness. The code is a model that has been implemented at
many state, local, and organizational levels to help regulate
foodservice settings like schools, long-term care facilities, and
hospitals.
Let's look at nine updates to the code that are most relevant
for non-commercial foodservice organizations.
Disclaimer: This article should not be construed as legal advice
and does not identify every change to the Food Code. Consult
your organization's legal counsel, local health department, and
current legislation to determine your organization's food safety
requirements.
1 . GUIDANCE ON DONATED FOOD
(SECT ION 3-204.10)
Recognizing that one-third of all food goes uneaten
in the United States, the Food Code has clarified its
recommendations for donations. If food has been stored,
prepared, packaged, displayed, and labeled according to safety
standards, it can be donated.
Interestingly, there was already precedent for this update
more than 25 years ago. The Bill Emerson Good Samaritan
Food Donation Act of 1996 was set in place to provide limited
liability protection for organizations who make " good
faith " donations of food and grocery products to nonprofit
organizations that feed the hungry.
To be eligible for protection under the act, the donated food
must be provided at no charge, and must be donated to a
non-profit organization (the act does not provide liability
protection for food donated directly to individuals). Food
must also meet all federal, state, quality, and labeling
standards.
With the new donation guidance added to the Food Code
as well, your organization may feel reassurance about
exploring donation partnerships. You could connect with
non-profit food pantries or community meal programs that
accept donations. It's a win-win for all - you reduce food
waste, non-profits can better feed the community, and
your organization may receive some positive press.
Be sure to get any necessary approvals from your
organization prior to starting a donation initiative, and
ensure that your program meets the guidelines set forth in
both the Food Code and Bill Emerson Good Samaritan Food
Donation Act.
2 . SESAME IS A FOOD ALLERGEN
(SECT ION 1-201.10)
For a long time, we've known of the " top eight " food
allergens-peanuts, tree nuts, dairy, soy, eggs, wheat, fish,
and shellfish. Now, sesame has been added to the list as
another top allergen.
This change brings the Food Code into line with the
rules established by the Food Allergy Safety, Treatment,
Education, and Research (FASTER) Act, which was passed
8 NUTRITION & FOODSERVICE EDGE | MARCH-APRIL 2023
Nutrition & Foodservice Edge Magazine - March/April 2023

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