Retail Food for Thought Newsletter

Having trouble viewing this email? View it as a Web page.

Retail Food For Thought Newsletter banner with meat, bread and a basket of groceries

Retail Food for Thought is a newsletter written by inspectors from the Retail Food Program at the Minnesota Department of Agriculture (MDA).

June 2023

Achieving Active Managerial Control 

day of the week labels

Date marking for food safety

Date marking is a system that identifies how old food products are and when to discard before bacteria, such as Listeria, can grow and potentially cause foodborne illnesses. Listeria poses the greatest risk as it can grow under cold-holding temperatures. Common date marking systems include calendar dates, days of week, and color-coding. Your company has the freedom to choose whether to label food with production date or discard date. Keep in mind, the system should be explainable to your inspector and easy for your employees to follow for best success. 

Next, consider what foods require date marking. The MDA Date Marking fact sheet outlines requirements. Ready-to-eat TCS foods (time temperature controlled for safety) that require refrigeration and are held in the firm for longer than 24 hours must be date marked. Ready-to-eat foods are intended to be consumed without washing, cooking, or additional preparation. These types of foods are allowed to be held for seven calendar days, which includes the date of opening or initial preparation as stated in the Minnesota Food Code. For example, if a deli ham is opened for slicing on April 1, it would have a discard date of April 7.  Remember: these foods must be stored or displayed at 41° F or below during these seven days. 

When multiple foods are combined such as in a sandwich with deli meat, lettuce, and tomatoes, the sandwich itself needs to be date marked according to the ingredient that was prepared first (or the oldest ingredient). There are a few exceptions to date marking that can be found in the Code of Federal Regulations (CFR), title 21, part 110, 114, 131, and 133

You can also check out the Association of Nutrition & Foodservice Professionals’ “Confused by Date Marking?” reference article for more information. 

 

food samples

Thinking about offering food samples? 

Offering food samples in your licensed establishment is possible if you have obtained prior approval for handling open food and have the necessary equipment to handle the food safely. Food establishments that want to begin handling open food by offering food samples or that will be changing their processes or facilities will need to contact the MDA in advance.

If you are planning to begin offering food samples and you have not been approved to do so in the past, contact your inspector for prior approval. An approved Plan Review may be required for facility or menu changes. Once you have been approved to offer food samples, follow the Retail Food Handler Sampling Guidelines.  

For facilities and equipment specific to your mobile food handler license, visit: Temporary Food Establishments.

Federal Update

What retailers need to know about the Food Traceability Rule

The U.S. Food and Drug Administration (FDA) released the final rule on Requirements for Additional Traceability Records for Certain Foods (Food Traceability Final Rule) which establishes traceability recordkeeping requirements beyond those in existing regulations. This rule impacts retail food establishments that the MDA licenses. The compliance date of this new rule is January 20, 2026.

The FDA has dedicated a webpage to the Food Traceability Final Rule and they will be announcing upcoming stakeholder calls, webinars, and meetings. To stay up to date, subscribe to the Retail Listserv on the FDA Retail Food Protection webpage. Once you’ve navigated to the page, click “Subscribe to Email Updates” under the page title.

All questions regarding the Food Traceability Final Rule should be directed to the Food Safety Modernization Act (FSMA) Technical Assistance Network (TAN).

Food Traceability Rule fact sheets for Retail food establishments (RFEs) and restaurants:

What you need to know about the Food Traceability Rule

What records do I need to keep for the Food Traceability Rule?

What you need to know about establishing and maintaining a traceability plan for the Food Traceability Rule  

Legislative Update

Plan review fee structure change

The Minnesota Legislature passed a plan review fee structure change effective August 1, 2023. The updated fee structure will be based as follows:

Square Footage Fee
0 - 999 $ 200.00
1,000 - 4,999 $ 400.00
5,000 - 24,999 $ 800.00
25,000 plus $ 1,000.00

 

Applicants must submit the required fee, application, plans equipment specifications, material lists, and other required information at least 30 days prior to commencement of construction, remodeling, or conversion.

The law also addressed the fee for a remodel of a licensed facility. The fee for a remodel applies to the square footage of the remodeled area, not the entire square footage of the facility.

Stay tuned for more information and announcements via the Plan Review Application webpage.


Trends in the Food System: Focus on Local Food

Minnesota Grown products available year-round

Single-family farms are innovating to meet the demand for locally grown agriculture year-round. Community Sustained Agriculture (CSA) members receive produce that have qualities and flavor not easy to find in the general marketplace. Seasonal CSAs are available in most areas of Minnesota, but year-round options are harder to find. Selling locally grown vegetables in the cold months takes organization, skill, and hard work. Check out the Minnesota Grown CSA webpage for more information and to use their CSA directory.

If you are interested in starting a CSA, the first steps require increasing supply, storage capacity, and visibility. Minnesota producers know carrots and potatoes are very popular, and they work hard to meet demands. Customers often access local products through an online shopping experience. The behind-the-scenes work to create high-functioning websites for shopping, ordering, and delivery logistics can be largely unpaid worktime. Customers may be unaware that a technical online marketplace is managed by the same producer, who is also planting, growing, harvesting produce. 

Partnering with nearby farms is another way to fill seasonal gaps. Producers combine specialty items to create one larger offering and add seasonal goods when available. Local-raised meat, eggs, jams, jellies, and baked goods can introduce value-added products and offer a one-stop shop for customers. Check out the following resources for more information:

Selling or serving locally grown produce in food facilities  can also bring in a steady stream of business. Complex production can include the construction of a licensed and regulated facility, developing and following a Hazard Analysis and Critical Control Plan (HACCP), and wholesaling to other licensed retailers. The pay-off for one Minnesota example partnership includes an ‘Innovative Local Sourcing’ award for their line of fermented veggies, including sauerkraut, kimchi, curtido, ginger carrots, and more.


What's Sizzling Inside the MDA

Retail Food Program website updates

The Retail Food Program website was recently updated to reorganize and provide additional content. New pages have been developed in the following areas:

Is there other content you would like to see on the website? Be sure to fill out the newsletter survey to provide your suggestions and input!

The Retail Food Program wants to hear about your inspection experiences

Since November 2022, the Retail Food Program has included a web address in the comments section on every routine inspection report requesting you to complete a short voluntary survey. An inspector may also print out or present you with a QR code for mobile access to the survey. This survey is used to evaluate the quality of your inspection experience to inform the Retail Food Program how we can improve our inspection services.

Of our current survey respondents:

  • 94% reported they were very satisfied with the inspection experience. 
  • 100% reported the inspector communicated in a way that was clear and easy to understand and their questions were fully answered. 
  • 97% reported they felt confident in their ability to prepare safe food after the inspection. 
  • The survey participants were also asked to rank resources they find most helpful during inspections and provide additional suggestions to improve MDA interactions during the inspection process. 

After your routine inspections, please complete the Retail Food Program Inspection Survey. It will take approximately five minutes of your time. 

Retail Food Program staffing update

You will be seeing some new names and faces in the Retail Food Program this year. 

  • Jeff Luedeman is now serving as the Assistant Director of the Food and Feed Safety Division at the MDA. Jeff had been the Retail Food Program Manager since 2015.
  • Kim Carlton joins the MDA as the Retail Food Program Manager. Kim had been with the Minnesota Department of Health (MDH) and at local health agencies for several years prior to joining the MDA.
  • Collin Kappenman has been promoted to Plan Review Supervisor. The plan review team oversees construction plan review, HACCP plans, and variances. Collin has been with the Retail Food Program since 2016 and was at MDH prior to that.
  • The Retail Food Program also welcomes six new Agricultural Specialists to the inspection program with inspection territories throughout the state. The onboarding program that the new staff undergo includes online studies, classroom work, and a series of Joint Training Inspections (JTI) with senior-level inspectors. As a result, you may have two staff members present during your inspections throughout the year.

Outreach activities

Cara Pederson and Jake Schmidt represented the Retail Food Program at the Minnesota Association of Meat Processors’ annual convention on March 17th-18th. The booth was also staffed by several Dairy and Meat Inspection Division representatives from the MDA. Cara and Jake fielded questions from business owners about plan review and HACCP requirements for retail food businesses and learned about emerging trends in meat processing equipment from vendors at the convention.


In the News

tractor plow discing field

Inmates learn trade skills at Duluth correctional facility - Duluth News Tribune

The Northeast Regional Corrections Center or NERCC is Minnesota’s only correctional work farm, overseeing 300 acres of hayfields and 20 acres in vegetable gardens. Men can work in the farm, greenhouse, in the carpentry workshop, or the newly built meat processing facility. The meat processing facility was recently approved by the U. S. Department of Agriculture (USDA) and the MDA, expanding access to approved meat processing facilities in northern Minnesota. The MDA offers a consultative approach to HACCP. If you are interested in a specialized process such as preparing sushi, fermenting, smoking/curing or vacuum packing foods reach out to our HACCP team to help expand your business possibilities.

 Read the article

FDA sign outside of building

States get a new model food code from FDA - Food Safety News

The MDA enforces the Minnesota Food Code, which was last updated in 2019. However, the FDA Model Code was recently updated. The FDA Model Code provides guidance to state and local authorities and retailers to help mitigate foodborne illness risks at retail and provide a uniform set of national standards for retail food safety. In December 2022, the FDA issued the 2022 edition of the FDA Food Code. The MDA and the Minnesota Department of Health will soon begin discussions of updating our Minnesota Code.

Read the article

Marshall Independent: Keeping connection between farmers and consumers

Kipp Stender says his business is about more than running a butcher shop and meat processing facility. It’s about connecting livestock farmers and customers looking for locally sourced meat.

“I was like, ‘I want to provide that service for people,’” said Stender.

A year ago, he bought the Country Butcher in Dawson, when former owners John and Jill Storlien were looking to retire.

Small meat processors like Stender play an important role for Minnesota livestock producers. In July, a report supported by the Minnesota Farmers Union, the University of Minnesota, and the MDA said producers are facing a “bottleneck” limiting access to meat processing facilities. As small meat processors close, the ones left have a hard time meeting demand, the report said.

Read the full story


Lettuce Connect

Food & Feed Safety Main Line

651-201-6027 MDA.FFSD.Info@state.mn.us

Licensing & Registration Food & Feed Safety

651-201-6062 MDA.Licensing@state.mn.us

HACCP/Variance Questions & Plan Review

Retail HACCP and Variance: MDA.HACCP.Variance@state.mn.us
New Construction or Major Remodels: 651-201-6194 MDA.Plan.Review@state.mn.us
Licensing Questions New Business: 651-201-6081 MDA.FoodLicensingLiaison@state.mn.us

Emergency (Fire, Flood, Natural Disaster, etc.) or Complaints

Food complaints: 651-201-6064 or after hours 651-201-6027
Reporting Foodborne Illness: 1-877-FOOD-ILL
Food Emergencies State Duty Officer: 1-800-422-0798

Tell us what you think

Survey link to a quick five minute survey: Retail Food Program Inspection Survey

Share with co-workers so they can sign up for future newsletters: Retail Food Program Newsletter Subscription