Update: Capping off a year of advocacy successes, NAMA has secured language in the federal food code clarifying how micro markets should be considered by state and local health officials. In the Supplement to the 2017 Food Code, the Food and Drug Administration (FDA) allows food establishments in limited circumstances, to operate without a person in charge. FDA instructs regulatory agencies to consider certain factors when establishing registration and fees:
- Types of food served or offered
- Public access to the food establishment
- Cleaning frequency of equipment and food contact surfaces
- Surveillance operations
- Types of cold and hot holding equipment
- Contact information for management personnel of the food establishment
Specifically, FDA directs regulatory agencies to review guidance issued thru the Conference for Food Protection (CFP) that addresses unmanned food establishments, language NAMA developed in 2018. Read the FDA announcement.
Background: The Food Code is the model for retail food regulations in all 50 states, the District of Columbia and other territories. The FDA encourages its state, local, tribal, and territorial partners to adopt the current version of the FDA Food Code, including the Supplement to the 2017 Food Code. NAMA has been proactively working across the Nation to define micro markets with business tenable registration fees at the state and local level. As a direct result of industry lobbying, NAMA members in Mississippi, Pennsylvania, and Oklahoma secured passage of legislation defining micro markets in their respective states, saving operators hundred of dollars a year in registration fees. The inclusion of NAMA's language in the US Food Code will make it easier to advocate for adoption in state moving forward.
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