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Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: August 9, 2021 Board of Supervisors Hearing Date: October 6, 2021 Case #/Title: ES-2021-001/2017 FDA Food Code Incorporation by Reference Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve proposed revision to Maricopa County Environmental Health Code (MCEHC) – Chapters VII and VIII. Support/Opposition: The Department has received 3 comments in favor of this Enhanced Regulatory Outreach Program (EROP) case. Five stakeholders attended the public meeting on May 7, 2021. However, no opinions on the case were voiced at the meeting. Department Recommendation: Staff recommends the Board of Supervisors (BOS) approve the proposed MCEHC. BOH Recommendation: Approve per Department recommended language and proceed on the EROP expedited process. Executive Summary: This Proposal includes incorporating the 2017 FDA Food Code and annexes into the MCEHC by updating earlier FDA Food Code references and removing MCEHC language in conflict with the 2017 FDA Food Code. The 2017 FDA Code mitigates foodborne illnesses risk factors better than earlier FDA Food Code versions. Adoption of this proposal also aligns the MCEHC with the State’s rules. Specific changes between the 2013 and 2017 FDA Food Code include the Food Protection Manager onsite requirement (effective January 2022), “fruits and vegetables” now renamed “plant foods,” specific cooking time updates, and exception criteria for continual operation during power and water outages with regulatory authority approved Page 2 of 2 plans. The 2017 FDA food code summary of changes is available at https://www.fda.gov/food/fda-food-code/food- code-2017. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in early April 2021. Also, the County Manager briefed the Board of Supervisors in April 2021. The Department conducted a stakeholder workshop on May 7, 2021. Then on August 9, 2021, the Department presented a Staff Report for this case to the Board of Health (BOH) at which time the BOH approved this case to proceed on the EROP expedited process for the BOS to adopt the proposal. Presented by: Darcy Kober, R.S. Director Attachments: Report to the BOH (2 Pages) County Manager Memo (1 Page) Proposed MCEHC Revisions (7 Pages) Presentation – Stakeholder Meeting (5/7/21) (4 Pages) Stakeholder Meeting Minutes (5/7/21) (1 Page) Stakeholder Input and Department Responses (6 Pages) Report to the Board of Health To Approve for Expedited Process Prepared by the Maricopa County Environmental Services Department Case #/Title: ES-2021-001/2017 FDA Food Code Incorporation by Reference Meeting Date: August 9, 2021 Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve the proposed Maricopa County Environmental Health Code (MCEHC) revision for the Enhanced Regulatory Outreach Program (EROP) Expedited Process. Support/Opposition: The Department held a virtual stakeholder public meeting on May 7, 2021. Five stakeholders attended the meeting; however, an opinion on the case was not voiced. The Department has received three stakeholder written comments, all in support of this EROP case. Department Staff recommends the Board of Health approves this MCEHC Recommendation: revision proposal for the EROP Expedited Process. Discussion: This Proposal includes incorporating the 2017 FDA Food Code and annexes into the MCEHC by updating earlier FDA Food Code references and removing MCEHC language in conflict with the 2017 FDA Food Code. The 2017 FDA Code mitigates foodborne illnesses risk factors better than earlier FDA Food Code versions. Adoption of this proposal also aligns the MCEHC with the State’s rules. Specific changes between the 2013 and 2017 FDA Food Code include the Food Protection Manager onsite requirement (effective January 2022), “fruits and vegetables” now renamed “plant foods,” specific cooking time updates, and exception criteria for continual operation during power and water outages with regulatory authority approved plans. The 2017 FDA food code summary of changes is available at https://www.fda.gov/food/fda-food-code/food-code-2017. This MCEHC proposal is following the EROP policy and workflow process. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in April 2021. Also, the Board of Supervisors were briefed in April 2021. Attachments: County Manager Case Approval (1 Page) Proposed MCEHC Revisions (7 Pages) Presentation – Stakeholder Meeting (05/7/21) (4 Pages) Stakeholder Meeting Minutes (1 Page) Stakeholder Input and Department Responses (6 Pages) 7-1 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VII FOOD EMPLOYEES/CERTIFIED FOOD PROTECTION MANAGERS REGULATION 1. Definitions No Change REGULATION 2. Person in Charge and Certified Food Protection Manager a. to d. No Change e. Each food establishment shall have at least one (1) Certified Food Protection Manager on staff. , who is either physically present or available by electronic or telephonic means whenever the food establishment is in operation. f. No Change g. A Certified Food Protection Manager shall obtain a Certified Food Protection Manager Certificate after successful completion of a test from a food protection manager certification program as described in the 2013 2017 FDA Food Code, § 2- 102.20. A Certified Food Protection Manager Certificate shall expire five (5) years from the date of successful completion of a Certified Food Protection Manager test. REGULATION 3 Food Employee Certificates No Change REGULATION 4. Food Employee Training Documentation No Change REGULATION 5. Communicable Disease No Change REGULATION 6. Exemptions No Change 8-1 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 1 GENERAL PROVISIONS REGULATION 1. Definitions (1) to (32) No Change (33) Food Establishment - as defined in the U.S. Food and Drug Administration 2013 2017 Food Code (a) “Food Establishment” includes: (i) to (ii) No Change (iii) As defined in the U.S. Food and Drug Administration 2013 2017 Food “Food Establishment” does not include: (i) to (v) No Change (vi) As defined in the U.S. Food and Drug Administration 2013 2017 Food Code (34) to (53) No Change (54) Potentially Hazardous Food (time/temperature control for safety food) as defined in the U.S. Food And Drug Administration 2013 2017 Food Code and includes sun tea that is not brewed. (55) to (77) No Change REGULATION 2. To REGULATION 11. No Change 8-2 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 2 FOOD ESTABLISHMENTS REGULATION 1. Food Establishments a. Effective December 10, 2014 MONTH, DAY, YEAR, the U.S. Food and Drug Administration 2013 2017 Food Code, and no future editions or amendments, is adopted and incorporated by reference, except as follows: 1 to 3 No Change b. No Change c. Copies of the U.S. Food and Drug Administration 2013 2017 Food Code incorporated by reference herein are available from the U.S. Food and Drug Administration. d. For the purpose of this Section, references to “Regulatory Authority” in the U.S. Food and Drug Administration 2013 2017 Food Code mean the Maricopa County Environmental Services Department REGULATION 2. to REGULATION 3. No Change REGULATION 4. Dog Friendly Patio In addition to the U.S. Food and Drug Administration 2013 2017 Food Code Rule 6.501.115, no dog shall be allowed on a food establishment premises unless the Department has issued a Dog Friendly Patio Permit to the food establishment. A Dog Friendly Patio Permit shall not be issued unless the food establishment complies with the following conditions and standards: a. to j No Change REGULATION 5. No Change 8-3 REGULATION 6. Micro Markets a. to b No Change. c. All Micro Market display units offering time/temperature controlled for safety food shall have an automatic control that prevents the equipment from opening: 1. If there is a power failure, mechanical failure, or other condition that results in an internal equipment temperature that cannot maintain food temperatures as specified under Chapter 3 of the U.S. Food and Drug Administration 2013 2017 Code; and 2. If a condition specified under subparagraph c.1. of this regulation occurs, until the equipment is serviced and restocked with food that has been maintained at temperatures specified under Chapter 3 of the U.S. Food and Drug Administration 2013 2017 Food Code. d. No Change. e. Labeling requirements for prepackaged food items shall be met as required by the U.S. Food and Drug Administration 2013 2017 Food Code. f. to h. No Change REGULATION 7. New Owner Transition The Department may grant the new owner of a food establishment approval to operate without a permit so long as the following requirements are met: a. to d. No Change e. The new owner shall not conduct any food process where a variance or HAACP plan is required in accordance with the U.S. Food and Drug Administration 2013 2017 Food Code §§ 3-502.11, 3-502.12, 8-201.13, 8- 201.14 and Subpart 8-103 which has not been issued and/or approved by the Department. f. The new owner shall abide by the responsibilities of a permit holder as referenced in the U.S. Food and Drug Administration 2013 2017 Food Code § 8-304.11. REGULATION 8. No Change 8-4 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 4 VENDING MACHINES In addition to complying with the regulations in section 1 and 2 of this Chapter, vending machine operations shall comply with the following regulations. REGULATION 1. to REGULATION 3. No Change REGULATION 4. Vending Machines, Automatic Shutoff a. Refer to the U.S. Food and Drug Administration 2013 2017 Food Code, § 4-204.111, adopted by reference. REGULATION 5. to REGULATION 8. No Change REGULATION 9. Sturdy Construction and Design a. Refer to the U.S. Food and Drug Administration 2013 2017 Food Code, § 4-204.123, adopted by reference. REGULATION 10. Condensing Units a. Refer to the U.S. Food and Drug Administration 2013 2017 Food Code, § 4-204.18, adopted by reference. REGULATION 11. Service Connections a. Refer to the U.S. Food and Drug Administration 2013 2017 Food Code, § 4-204.123, adopted by reference. REGULATION 12. to REGULATION 14 No Change REGULATION 15. Dispensing Equipment, Protection of Equipment and Food. a. Refer to the U.S. Food and Drug Administration 2013 2017 Food Code, § 4-204.13, adopted by reference. REGULATION 16. No Change 8-5 REGULATION 17. Container Opening Devices a. Refer to the U.S. Food and Drug Administration 2009 2017 FDA Food Code, Regulation 4-204.19, adopted by reference. REGULATION 18. to REGULATION 22. No Change REGULATION 23. Vending Machines, Liquid Waste Products. a. Refer to the U.S. Food and Drug Administration 2009 2017 FDA Food Code, Regulation 4-204.121, adopted by reference. REGULATION 24. to REGULATION 25. No Change REGULATION 26. Sanitary Standards for Food Employees a. Refer to the U.S. Food and Drug Administration 2009 2017 FDA Food Code, Regulation 3-301.12 and 3-301.11, adopted by reference. REGULATION 27. No Change 8-6 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 6 FOOD RELATED FACILITIES In addition to complying with the regulations in Section 1 and 2 of this Chapter, beverage plants, damaged and salvaged food establishments, bakeries, ice manufacturing plants, refrigerated warehouses, and food catering establishments shall comply with the following regulations. REGULATION 1. to REGULATION 8. No Change REGULATION 9. Confectionary Food Establishment a. In facilities that do not meet §4-301.12 of the U.S. Food and Drug Administration 2013 2017 Food Code, warewashing can be accomplished using alternative cleaning and sanitizing procedures approved by the Department. The Department will evaluate the type/quantity of utensils required to be cleaned, the type of warewashing equipment available, and the cleaning procedures developed by the applicant as part of the approval process. b. to f. No Change 5/7/2021 1 Stakeholder Meeting Maricopa County Environmental Services Department May 7, 2021 Proposed Revisions Maricopa County Environmental Health Code CASE # ES-2021-001 2017 FDA Food Code Incorporation by Reference Maricopa County Environmental Services Department Working with our community to ensure a safe and healthy environment VISION STATEMENT: As the recognized regional environmental leader, we will develop and foster innovative environmental health protection programs for the safety of our residents and their environment. MISSION STATEMENT: The mission of the Environmental Services Department is to provide safe food, water, waste disposal and vector borne disease reduction controls to the people of Maricopa County so that they may enjoy living in a healthy and safe community. EROP What is it? Where do I find it? How does it impact me? EROP: What is it? • Enhanced Regulatory Outreach Program • Adopted by BOS in January 2013 • County Policy: Outreach # A1518 • Comprehensive process allows SH input – Adoption & amendment of all regulatory requirements • Applicable to 6 Departments: ESD, AQ, P&D, Flood, Transportation, Procurement • 2014 NACo Achievement Award EROP: Where do I find it? Accessible from the County main page http://www.maricopa.gov/ * 0 0 . Submit a Comment Submit a Complaint ENHANCED REGULATORY OUTREACH PROGRAM (EROP) The Maricopa County Board of Supervisors adopted a County-wide Enhanced Regulatory Outreach Program policy Opens a New Window. in an effort to promote consistency and transparency among regulatory departments during the rule-making process allowing for multiple opportunities for stakeholder input regarding the amendment and adoption of all regulatory requirements. DEPARTMENTS 1 2 3 4 5 6 5/7/2021 2 Active Regulatory Process Adopted Regulations Substantive Policy Statements Board Members Archive Environmental Services Maricopa County Environmental Services is governed by the Maricopa County Board of Supervisors and has authority under Titles 11, 36, and 49 or the Arizona Revised Statutes. The Board of Health acts as the citizens’ board that reviews Environmental Services regulatory amendments. Environmental Services is responsible for drafting and amending the Maricopa County Environmental Health Code. The provisions of this Code are applicable to the unincorporated and incorporated areas lying within the boundaries of Maricopa County and the incorporated cities and towns whose governing bodies specifically request the services of Maricopa County Environmental Services. Department-Specific Rulemaking Process Flowcharts Sign up to receive email updates Active Regulatory Process EROP Active Regulatory Process 1 Item Number Item Description Meeting Date Meeting Location Related Documents Public Comments ES-2021-001 2017 FDA Food Code Incorporation by Reference 5/7/2021 Go-To-Meeting Online https://global.gotomeeting.com/join/3 07585589 Current Previous Submit a Comment ES-2021-002 MCEHC Chapters I, VIII, X and XIII 5/7/2021 Go-To-Meeting Online https://global.gotomeeting.com/join/3 07585589 Current Previous Submit a Comment • County Manager Briefs Board of Supervisors • Stakeholder Workshop • First Board of Health Meeting • Additional Stakeholder Workshop(s) (Optional) • Second Board of Health Meeting • Public Hearing with Board of Supervisors • Recently Adopted Citizen Comments https://www.maricopa.gov/FormCenter/Regulatory-Outreach-17/Citizen-CommentsComplaints-94 2017 FDA Food Code “The Food Code establishes practical, science-based guidance and enforceable provisions for mitigating risk factors known to cause foodborne illness.” Model Food Code Development • US Public Health Service (PHS) – Model food codes – Provides scientifically sound technical and legal basis for regulations – Assist state and local governments in initiating and maintaining effective programs for prevention of foodborne illness – Represents FDA’s best advice for a uniform system of regulation in retail food • Conference for Food Protection (CFP) – Nonprofit organization • Industry • Regulatory • Academia • Consumers • Professional organizations – Develop food safety guidance – Anyone can participate 2017 FDA Food Code “…conformance with acceptable procedures and practices is far more likely where regulatory officials ‘speak with one voice’ about what is required to protect the public health, why it is important, and which alternatives for compliance may be accepted.” 7 8 9 10 11 12 5/7/2021 3 2017 FDA Food Code Adopt 2017 FDA Food Code by reference in the Maricopa County Environmental Health Code 2017 FDA Food Code Summary of Changes Completed summary of changes is available here: https://www.fda.gov/food/fda-food-code/food-code-2017 2017 FDA Food Code Summary of Changes •2-102.12 & 2-102.20 The Person in Charge shall be a Certified Food Protection Manager (CFPM) and is required to be to be onsite during the hours of operation. Note: This regulation will be delayed until January 2022 as requested and agreed to by stakeholders 2017 FDA Food Code Summary of Changes •2-501.11 Food establishments shall have written procedures for the clean-up of vomiting and diarrheal events 2017 FDA Food Code Summary of Changes • 3-401.11 (A)(2) Amends cooking time for ratites, tenderized and injected meats, comminuted fish and meats from 15 seconds to 17 seconds • 3-401.11 (A)(3) Decreases cooking times for poultry, wild game animals, stuffed foods or stuffing containing fish from 15 seconds to <1 (instantaneous) • 3-401.13 Replaces the term “fruits and vegetables” with the term “plant foods” 2017 FDA Food Code Summary of Changes • 8-404.11 Adds new exception criteria indicating that the regulatory authority may agree to continuing operations during an extended water or electrical outage if written plans have been approved by the regulatory authority 13 14 15 16 17 18 5/7/2021 4 Thank you for your participation! We welcome your questions and comments. http://www.maricopa.gov/regulations/ Ken Conklin, M.P.A., R.S. Bryan Hare, M.M., R.S. Maricopa County Environmental Services Department 3800 N. Central Ave. Phoenix, AZ 85224 19 Environmental Services Department Working with our community to ensure a safe and healthy environment Page 1 of 1 Stakeholder Workshop ES-2021-001/2017 FDA Food Code Incorporation by Reference Date: Friday, May 7, 2021 Stakeholder Present: Nela Romo - El Pollo Safety Quality Director, Darren VandeVoorde - Bashas, Food City and AJ’s Food Safety, Crissy Zarate - Bashas, Food City and AJ’s Food Safety, Kwasi Wilson - National Restaurant Association Program Compliance Program, Karen Ibarra - Office of Environmental Programs City of Phoenix Staff Present: Darcy Kober - Director, Blanca Caballero - Deputy Director, Bryan Hare - Division Manager, Ken Conklin - Division Manager, Robert Stratman - Managing Supervisor, Amanda Bond - Enforcement Supervisor, Joan Minichiello - Management Analyst, Clay Callaway - Environmental Specialist Senior, Gema Piatkowski - Environmental Health Specialist Presenters: Bryan Hare and Ken Conklin Minutes: The stakeholder workshop occurred using GoToMeeting software. Bryan Hare proctored the meeting and presented the ES-2021-001/2017 FDA Food Code Incorporation by Reference (EROP) Enhanced Regulatory Outreach Program case. Ken Conklin covered the EROP process and how stakeholders can stay informed on this and other upcoming cases. Bryan Hare stated that the Maricopa County Environmental Health Code (MCEHC) currently utilizes the 2013 FDA Food Code and the 2017 version is necessary to better mitigate foodborne illnesses risk factors, to align with the State’s rules and enhance regulatory clarity. He explained how the 2017 FDA Food Code update occurred. In addition, if approved this case will update all FDA Food Code references in the MCEHC to the 2017 version. Specific changes between the 2013 and 2017 FDA Food Code were mentioned, including the Food Protection Manager onsite requirement starting January 2022, “fruits and vegetables” now renamed “plant foods,” specific cooking time updates, and exception criteria for continual operation during power and water outages with regulatory authority approved plans. Questions: Darren VandeVoorde asked if a plan should be submitted ahead of time for a power outage or disaster. In addition, Darren VandeVoorde was concerned about reaching a Maricopa County Environmental Services official on the weekend or after workday hours. Bryan Hare stated that it would be good if general disaster procedures were in place prior to a disaster, and that a Maricopa County Environmental Services official can always be reached on off hours, including weekends and after or before the workday. Meeting attendees did not state if they were in favor or opposed to this EROP case. Meeting adjourned From: Joan Minichiello (ENV) To: Alsno5@aol.com Subject: ES-2021-001 2017 FDA Food Code Incorporation by Reference Date: Tuesday, May 4, 2021 12:46:00 PM Attachments: image001.png image002.png image003.png Dear Ms. Dennhardt, Thank you for registering your support regarding the Maricopa County Enhanced Regulatory Outreach Program (EROP) case ES-2021-001 2017 FDA Food Code Incorporation by Reference via the EROP website. We appreciate your participation in the Maricopa County Environmental Services Department’s efforts to develop regulations that serve our community and ensure a safe and healthy environment. Maricopa County Environmental Services Department 3800 N. Central Avenue, Suite # 300 Phoenix, AZ 85012 Phone: 602.506.6616 esd.maricopa.gov Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule ES-2021-001 2017 FDA Food Code Incorporation by Reference Department Environmental Services I would like to Express support First Name Laurie Last Name Dennhardt Organization What the Cluck City Tempe Zip 85284 Email Alsno5@aol.com Phone Number 6023617246 Phone Type Mobile Would you like someone to contact you? No Comments We need more Certified Food Managers during all kitchen hours. The risk is too high without them If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. Field not completed. Email not displaying correctly? View it in your browser. From: Joan Minichiello (ENV) To: ANNAD@NUTRITIONALLIANCE.COM Subject: ES-2021-001 2017 FDA Food Code Incorporation by Reference Date: Tuesday, May 4, 2021 12:50:00 PM Attachments: image001.png image002.png image003.png Dear Ms. de Jesus, Thank you for registering your support regarding the Maricopa County Enhanced Regulatory Outreach Program (EROP) case ES-2021-001 2017 FDA Food Code Incorporation by Reference via the EROP website. We appreciate your participation in the Maricopa County Environmental Services Department’s efforts to develop regulations that serve our community and ensure a safe and healthy environment. Maricopa County Environmental Services Department 3800 N. Central Avenue, Suite # 300 Phoenix, AZ 85012 Phone: 602.506.6616 esd.maricopa.gov Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule ES-2021-001 2017 FDA Food Code Incorporation by Reference Department Environmental Services I would like to Express support First Name Anna Last Name de Jesus Organization Nutrition Alliance City Tempe Zip 85284 Email ANNAD@NUTRITIONALLIANCE.COM Phone Number 6028198394 Phone Type Mobile Would you like someone to contact you? No Comments Field not completed. From: Joan Minichiello (ENV) To: targoszk@hotmail.com Subject: ES-2021-001 2017 FDA Food Code Incorporation by Reference Date: Thursday, May 6, 2021 9:14:00 AM Attachments: image001.png image002.png image003.png Dear Ms. Targosz, Thank you for registering your support regarding the Maricopa County Enhanced Regulatory Outreach Program (EROP) case ES-2021-001 2017 FDA Food Code Incorporation by Reference via the EROP website. We appreciate your participation in the Maricopa County Environmental Services Department’s efforts to develop regulations that serve our community and ensure a safe and healthy environment. Maricopa County Environmental Services Department 3800 N. Central Avenue, Suite # 300 Phoenix, AZ 85012 Phone: 602.506.6616 esd.maricopa.gov Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule ES-2021-001 2017 FDA Food Code Incorporation by Reference Department Environmental Services I would like to Express support First Name Kathy Last Name Targosz Organization Nutrition Alliance City Gilbert Zip 85234 Email targoszk@hotmail.com Phone Number 4804275682 Phone Type Mobile Would you like someone to contact you? No Comments Revised Food Code should be adopted, to put the improved food prep, cooking and serving standards into practice. Since health care is responsible for a vulnerable population, these standards will ensure the food provided will be of highest qualty. If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. Field not completed. Email not displaying correctly? View it in your browser.