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Food Bioterrorism Compliance Required - June 9, 2006

NOTE: Retailers may wish to investigate the use of manual or electronic
Direct Store Delivery (DSD) systems to establish records availability.
DSD systems could be used to maintain accurate supplier contact
information and provide access to product invoices. Check with your
wholesalers or retail technology systems providers for additional
information.

 

 

Who must establish and maintain records?

Domestic persons that manufacture, process, pack, transport, distribute,

receive, hold or import food; foreign persons that transport food in the

U.S.; and persons who place food directly in contact with its finished
container.
For these regulations, the term persons includes individuals,
partnerships,
corporations, and associations.

 

More directly related to KGA/KACS Members:

  • Small businesses employing fewer than 500, but more than 10
    full-time equivalent employees, the compliance date is June 9, 2006.

 

  • The term, full-time equivalent employees or FTEs, means all individuals
    employed by the person claiming the exemption. The number of full-time
    equivalent employees is determined by dividing the total number of hours
    of salary or wages paid directly to employees of the person and of all of
    its affiliates by the number of hours of work in 1 year, 2,080 hours (i.e.,
    40 hours x 52 weeks).

 

  • Restaurants are excluded entirely. A combination restaurant/retail facility
    is excluded entirely if sales of food it prepares and sells to consumers for
    immediate consumption are more than 90 percent of its total food sales.

 

Excluded From The Requirement To Establish And Maintain Records But Not
The Record Availability Requirements For Existing Records - Retail food
establishments that employ 10 or fewer full-time equivalent employees

 

What records must be established and maintained by non-transporters
of food?

For non-transporters, i.e., persons who own food or who hold, manufacture,
process, pack, import, receive, or distribute food for purposes other than
transportation, the records have to:

 

1.      Identify the immediate non-transporter previous sources, whether foreign
or domestic, of all foods received, including the name of the firm; address;
telephone number; fax number and e-mail address, if available; type of food,
including brand name and specific variety (e.g., Brand X Cheddar Cheese,
not just cheese; romaine lettuce, not just lettuce); date received; quantity and
type of packaging (e.g., 12 oz. bottles); and identify the immediate transporter
previous sources including the name, address, telephone number--and, if
available, fax number and e-mail address. Persons who manufacture, process
or pack food also must include lot or code number or other identifier if the
information exists.

2.      Identify the immediate non-transporter subsequent recipients of all foods
released, including the name of the firm; address; telephone number; fax
number and e-mail address, if available; type of food, including brand name
and specific variety; date released; quantity and type of packaging; and identify
the immediate transporter subsequent recipients, including the name, address,
telephone number--and, if available, fax number and e-mail address. Persons
who manufacture, process or pack food also must include lot or code number
or other identifier if the information exists. The records must include information
that is reasonably available to identify the specific source of each ingredient that
was used to make every lot of finished product.

3.         Persons who distribute food directly to consumers (the term consumers
does not include businesses) are excluded from the requirement to establish
and maintain records to identify the immediate subsequent recipients

4.         Persons who operate retail food establishments that distribute food to
persons who are not consumers must establish and maintain records to identify
the immediate subsequent recipients only to the extent the information is
reasonably available. (If you re-sold food to another entity such as churches
or other identifiable organizations.)

  

For additional information, please visit
http://www.cfsan.fda.gov/~dms/fsbtac23.html

 

You may download the government guideline for establishing and maintenance
of records via:

http://www.cfsan.fda.gov/~acrobat/fsbtrec.pdf

 

 

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Kentucky Grocers Association (KGA)/Kentucky Association of Convenience Stores (KACS)
512 Capitol Avenue, Frankfort, KY 40601, Phone: 502-696-9153, Fax: 502-875-1595 Email: info@kgaonline.org

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