Cover Sheet for Example Documentation for PHAB Domain 6 Standard 1 Measure 1

Transcription

1 Cover Sheet for Example Documentation for PHAB Domain 6 Standard 1 Measure 1 The following documentation has been submitted to ASTHO for the Accreditation Library as a potential example of Health Department documentation that might meet the PHAB Standard and Measure 6.1.1A. This document is not intended to be a template, but is a reference as state health agencies develop and select accreditation documentation specific to the health department's activities. Please note that the inclusion of documentation in this library does not indicate official approval or acceptance by PHAB. Document Title: Document Date: Document 1: Notice of Final Rulemaking Amending Subtitle A of Title 25 Food and Food Operations Document 2: Annex 2 References along with Title page and first page of Annex 3 Public Health Reasons 2012 Version of Standards and Measures Used: V1.0 Related PHAB Standard and Measure Number Domain: 6 Standard: 1 Measure: 1 Required Documentation: 1 Short description of how this document meets the Standard and Measure s requirements: Document 1: The attached document is the final rulemaking resulting from the Department s review of this public health regulation. n the first paragraph of the document, the yellow highlighted and underlined portion documents the use of the federal FDA Model Code as a guide in the department's review of the amendments needed to the regulations. n this same document, the purple highlighted portion documents the solicitation of input from stakeholders by publishing the proposed rulemaking in the D.C. Register for thirty days and inviting public comment during that period. Document 2: The attached documents are annexes to the FDA Model Code, which was used as a guide in the evaluation and amending of Subtitle A of Title 25 of the DCMR. These documents demonstrate that the FDA utilized public health evidence based practices and science along with research supporting the recommended changes in developing the Model Food Code, which was also considered and adopted by the Department in its evaluation. This evaluation took into consideration the need for consistency in applying the code in various settings. Submitting Agency: Staff Contact Name: District of Columbia Department of Health Vanisa Verma

2 Staff Contact Position: Staff Contact Staff Contact Phone: Accreditation Coordinator

3 DSTRCT OF COLUMBA VOL. 59 NO. 48 NOVEMBER 30, 2012 DEPARTMENT OF HEALTH NOTCE OF FNAL RULEMAKNG The Director of the Department of Health, pursuant to sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code SS and (2009 Repl.)); section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code S (a)(), (a)(2), and (b) (2005 Repl.)); and Mayor's Order , dated June 18, 2002 and Mayor's Order 98139, dated August 20, 1998, hereby gives notice of the intent to repeal subsections 513.7, 513.8, 513.9, and of title 24 of the District of Columbia Municipal Regulations (DCMR); and to replace subtitle A (Food and Food Operations) of title 25 (Food Operations and Community Hygiene Facilities) of the DCMR in its entirety. The proposed rules will incorporate (1) new provisions to include new definitions; (2) a new employee health section based on new science regarding the agents that are most likely to be transmitted from an infected food worker through food; (3) new procedures for reduced oxygen packaging of cheeses; (4) new procedures for date marking on high-risk foods; (5) new temperature requirements; (6) new variance and Hazard Analysis Critical Control Point (HACCP) provisions that provide specific times and temperatures for processing various products; (7) and other amendments recommended in the United States Food and Drug Administration's 2001, 2005 and 2009 Model Food Codes, 2007 Supplement to the 2005 Model Food Code, and its recent 2011 Supplement to the 2009 Model Food Code. On May 4, 2012, the Notice of Proposed Rulemaking was published in the D.C. Register at 59 - NO.18 OCR The Department did not receive any comments and no changes were made to the proposed rules. Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code SS and (2009 Repl.)) requires a forty-five (45) day Council review period in which the proposed rules must be approved or disapproved in whole or part, by resolution otherwise the proposed rules would be deemed disapproved. These rules will take effect immediately upon publication of this notice in the D.C. Register. Chapter 5 (Vendors and Solicitors) of title 24 (Public Space and Safety) of the DCMR is amended by repealing subsections 513.7, 513.8, and Subtitle A (Food and Food Operations) of title 25 (Food Operations and Community Hygiene Facilities) of the DCMR is amended to read as follows:

4 L,..,. '~,..' L ~ \- Annex 2 References.... 'A'- ',,- ',,- \- ',-- -" 1. UNTED STATES CODE AND CODE OF FEDERAL REGULATONS 2. BBLOGRAPHY 3. SUPPORTNG DOCUMENTS 4. FOOD DEFENSE GUDANCE FROM FARM TO TABLE 1. UNTED STATES CODE AND CODE OF FEDERAL REGULATONS This page is intended to be blank. The Food Code makes frequent reference to federal statutes contained in the United States Code (USC) and the Code of Federal Regulations (CFR). Copies of the USC and CFR can be viewed and copied at government depository libraries or may be purchased as follows. (A) Viewing and Copying the USC or CFR (1) Federal Depository Library The USC and CFR are widely available for reference and viewing in some 1300 "depository libraries" located throughout the United States. A Directory of U.S. Government Depository Libraries is published by the Joint Committee on Printing of the United States Congress and is available through the Superintendent of Documents, U.S. Government Printing Office. This publi,cation lists all depository libraries by state, city, and congressional district. Persons may also obtain information about the location of the depository library nearest to them by contacting: GPO Customer Contact Center, Mail Stop: DCC U.S. Government Printing Office 732 North Capitol Street, NW Washington, DC (866) , Fax (202) ContactCenter@gpo.gov Annex 2 - References 239

5 An;.x References, 2. BBLOGRAPHY Preface Amend References for the Preface to add new references and redesignate numbering to read as follows: 1. No Change. 2. Center for Disease Control and Prevention (CDC), Vital Signs: ncidence and Trends of nfection with Pathogens Transmitted Commonly Through Food --- Foodborne Diseases Active Surveillance Network, 10 U.S. Sites, Morb. Mortal. Wkly. Rep. 60: Committee on Salmonella, An Evaluation of the Salmonella Problem. NRC Pub. 1683, National Academy of Sciences, Washington, DC. 207 pp. 4. Council for Agricultural Science and Technology, Foodborne Pathogens: Risks and Consequences. Task Force Report No. 122, CAST, Ames, la., 87 pp. 5. Federal Food, Drug, and Cosmetic Act, 21 U.S.C nspection. 6. Food and Drug Administration, January 24, Preliminary Regulatory mpact <, Analysis of the Proposed Regulations to Establish Procedures for the Safe Processing and mporting of Fish and Fishery Products. 7. Food and Drug Administration. Directory of State and Local Officials. FDNORA Division of Federal-State Relations, Rockville, MD Garthright, W.E., D.L. Archer and J.E. Kvenberg, Estimates of incidence and costs of intestinal infectious disease in the United States. Public Health- Rep. 103: Hirsch, D., Drafting Federal Law, 2nd Ed., Office of the Legislative Counsel, U. S. House of Representatives, Washington, DC. 122 pp. 10. Kvenberg, J.E. and D.L. Archer, Economic impact of colonization control on foodborne disease. Food Technol. 41 :

6 --.:: -,--,... Annex Public Health Reasons/ Administrative Guidelines -=- -- CHAPTER CHAPTER - -- CHAPTER 1 PURPOSE AND DEFNTONS 2 MANAGEMENT AND PERSONNEL CHAPTER 3 FOOD.-:: CHAPTER 4,.- EQUPMENT, UTENSLS, AND LNENS 5 WATER, PLUMBNG, AND WASTE CHAPTER 6 -- PHYSCAL FACLTES CHAPTER 7 POSONOUS OR TOXC MATERALS CHAPTER COMPLANCE AND ENFORCEMENT ---- f Chapter 1 Purpose and Definitions - :: Applicability and Terms Defined Statement of Application and Listing of Terms. r::: :: (B) Terms Defined The individual definitions in Chapter 1 are not numbered, consistent with current :: conventions regarding the use of plain language in drafting rules, and with use in national and international standards and some Federal regulations. This facilitates :: making changes to the definitions as they become necessary in subsequent editions of the Food Code. The intent of the definitions to be binding in terms of the application ~'-,'~ and interpretation of the Code is clearly stated in Chapter 1. Accredited Program. Refer to the definition for Accredited Program in (B)(3). Food protection manager certification Occurs when individuals demonstrate through a certification program that they have met specified food safety knowledge standards. Food protection certification program accreditation occurs when certification organizations demonstrate through an accreditation program that they have met specified program standards. 1/- 1"- ~ Annex 3 - Public Health Reasons/Administrative 315 Guidelines./---..

7 Annex 3 Public Health Reasons/ Administrative Guidelines Chapter 1 Purpose and Definitions No Change in Annex 3, Public Health Reasons, for Chapter 1. Chapter 2 Management and Personnel Certified Food Protection Manager. Amend Public Health Reasons to add new to read as follows: Certified Food Protection Manager The increasing complexity of the food industry, the improved ability to identify/trace foodborne outbreaks and other economic, staffing, cultural and behavioral challenges make it imperative that food protection managers know and control the risk factors that impact the safety of the food they sell or serve. Food protection managers have an important role in formulating policies, verifying food employees carry out these policies, and communicating with these same employees to give information about recommended practices to reduce the risk of food borne illness. A Centers for Disease Control and Prevention Environmental Health Specialist-Network (EHS-Net) study suggests that the presence of a certified food protection manager reduces the risk for a food borne outbreak for an establishment and was a distinguishing factor between restaurants that experienced a food borne illness outbreak and those that had not. FDA's Retail Food Risk Factor Studies suggest that the presence of a certified manager has a positive correlation with more effective control of certain risk factors, such as poor personal hygiene, in different facility types. 48 There are a number of state and local agencies that currently mandate food protection manager certification. t is appropriate for State and local agencies, by way of codes and ordinances or by policy to establish criteria for what types of permitted establishments could be exempt from the mandatory manager certification requirement and for determining the conditions under which the minimum number of certified food protection managers must be some number greater than one. 49 -