PWDU - FSP Update Nov. 13, 2018

Minnesota Department of Health sent this bulletin at 11/13/2018 09:14 PM CST
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Partnership and Workforce Development – Food Safety Partnership Update

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Nov. 13, 2018

Note from the Editor

In less than two months, Minnesota food establishments will begin operating under revised food safety requirements. The new code requirements for retail food establishments – the first updates since 1998 – will be effective on Jan. 1, 2019.

The PWDU – FSP Updates will help you adapt to these science-based changes. The Food Safety Partnership of Minnesota will be your source to learn about:

  • What is changing?
  • How does the new rule protect the public’s health?
  • How can retail food establishment operators meet the requirements?

Two ways for you to stay in the loop

  • Sign up to Get Email Updates
  • Contact your inspector – the Local Book has contact information for all MDH and local agency inspectors

Since August, we have been bringing you Rules in Brief. Rules in Brief articles provide key information about the 20 Major Changes of Concern to the Minnesota Food Code, as well as sources for additional information.

Past topics available through our RSS feed include:

Sarah and the PWDU team

Rules in Brief: Wild Mushrooms

Added protections for consumers of wild mushrooms

Beginning Jan. 1, 2019, the Minnesota food code will require:

  • Food establishments to obtain wild mushrooms from an approved harvester.
  • Harvesters and food establishments to keep certain records.
  • Expanded requirements for harvester registration.

Training and documentation protects consumers’ health

Because a certified mushroom harvester individually inspects each mushroom and determines that it is safe, health risks to consumers are reduced.

The updated food code increases the record-keeping responsibility of the mushroom harvesters and food establishment operators and will help to provide safe mushrooms to consumers.

Use an approved harvester

If you serve or sell wild mushrooms at your retail food establishment, you will need to obtain mushrooms from registered harvesters or inspected food processing plants.

Wild mushrooms must be obtained from sources where each mushroom is individually inspected and found to be safe by a certified mushroom harvester.

Keep records for 90 days

Wild mushrooms served in a food establishment must have a written buyer specification that is retained for 90 days after sale or service.

The written buyer specification must include:

  • The scientific and common names of the mushrooms
  • Date of sale
  • Quantity by weight of each species sold
  • Statement indicating each mushroom was identified when fresh
  • The name, address, and phone number of the harvester
  • Verification that the seller is listed on the Minnesota Department of Agriculture’s registry of wild mushroom harvesters

Expanded harvester registration requirements

A certified wild mushroom harvester shall have successfully completed a wild mushroom identification training program provided by an accredited college or university or state mycological society. The mushroom harvester must keep a record of all mushrooms sold to any retail food establishments for 90 days.

Use a disclosure to warn consumers

If you serve or sell wild mushrooms at your retail food establishment, you will need to use a disclosure to warn consumers of the risk of eating wild mushrooms. The disclosure requirement increases consumer awareness regarding the source of wild mushrooms.

You must use this statement: "Wild mushrooms are not an inspected product and are harvested from a non-inspected site.”

 Wild Mushroom Disclosure


The disclosure must be in writing. You have several options:

  • Brochures
  • Deli case or menu advisories
  • Table tents
  • Placards
  • Other effective written means

Exception

The wild mushroom rule does not apply to:

  • Cultivated mushroom species that are grown, harvested, and processed in a licensed and inspected operation.
  • Packaged wild mushrooms that are the product of a processing plant that is licensed and inspected.

Learn more about how to meet requirements

Minnesota food code requirements about wild mushrooms are unique to Minnesota. If your establishment uses wild mushrooms in menu items, you may want to learn more about how to meet the requirements. You can:

  • Contact the Minnesota Department of Agriculture Produce Safety Program at producesafety.mda@state.mn.us or 651-201-6081.
  • Watch the Food Safety Partnership recording – Wild Mushrooms starts at the 1 hour 12-minute mark.
  • Read the code – search the PDF of the rule language for “mushroom” to find the various parts that apply.

Rules in Brief: Date Marking

Certain foods now exempt from date marking

Certain food products packaged and produced by a food processing plant meet stringent production controls for food safety, such as Code of Federal Regulations (CFR), and are inspected by a regulatory authority. These products are exempt from date marking.

The exemption for marking the package with the date it was opened in the food establishment is limited to specific food products listed in the rule:

  • Some deli salads from a manufacturing plant (21 CFR 110)
  • Some hard and some semi-soft cheeses (21 CFR 133)
  • Some cultured dairy products (yogurt and sour cream) (21 CFR 131)
  • Pickled and dried fish (21 CFR 114)
  • Shelf-stable dry fermented sausages
  • Shelf-stable, salt-cured meat products

Even after checking these resources, you may have questions about the exemption. Contact your inspector to learn more about how the rule applies to your food establishment.

Exempt foods do not support the growth of Listeria monocytogenes

Because refrigeration does not stop the growth of some disease causing bacteria, such as Listeria monocytogenes, most ready-to-eat foods held in a food establishment for more than 24 hours must be date marked. If held for more than seven days, even at 41°F or below, food may contain unsafe levels of L. mono. Date marking ensures food is discarded if not used within seven days.

Food products that have been shown in an FDA Risk Assessment study not to support the growth of L. mono are exempt from the date marking requirement. These food products may:

  • Contain preservatives or competing microorganisms
  • Be acidic (low pH) or contain organic acids
  • Have low water activity or high salt concentration

Know your products

Before changing your SOPs, it is important for you to know which – if any – of the food products in your establishment are exempt. If you have questions about food products that may be exempt from date marking, contact your inspector.

You may want to continue to use a date marking system with exempt food products for quality or other business reasons.

You must use an effective date marking system for all ready-to-eat foods prepared in-house and held for more than 24 hours. This includes items you customize by adding ingredients, such as adding hard boiled eggs to commercially prepared chicken salad.

Learn more about date marking

It can be hard to remember all the specific food items that are exempt from date marking. You may want to learn more about how the new code requirements apply to your establishment. You can:

  • Contact your inspector for help identifying which food products you use are exempt – the Local Book has contact information for all MDH and local agency inspectors.
  • Watch the Food Safety Partnership recording – Date Marking of Packaged Food from Manufacturers Opened On-site starts at the 119-minute mark.
  • Read the code – date marking requirements and exemptions are found in part 4626.0400.

FDA Releases Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full-Service Restaurants, 2013-2014

The U.S. Food and Drug Administration released findings Nov. 7 from the initial phase of a 10-year study that is evaluating trends in food preparation practices and employee behaviors that contribute to foodborne illness outbreaks in the retail setting.

The “Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full Service Restaurants, 2013-2014 ” represents the first data collection period of the FDA’s ten-year study which started in 2013 and will conclude in 2023.

You can email the FDA National Retail Food Team at retailfoodpolicyteam@fda.hhs.gov.

For more information: