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Federal Register / Vol. 75, No. 83 / Friday, April 30, 20 - page 7 / 11





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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules



Year & Reference*



2007 (Ref. 26)

Grade A Pasteurized Milk Ordi- nance, Appendix B, Milk Sampling, Hauling and Trans-

Model standard for voluntary adoption by

2008 (Ref. 27)


State and local


Guidance for Industry: Guide to Minimize Microbial Food Safety Hazards of Fresh-Cut Fruits and Vegetables



Sets forth training requirements, evaluation criteria, and stand- ards to be met by bulk milk

haulers and milk transporters

Recommends practices for transporting fresh-cut produce under conditions that will pro- tect the food against physical, chemical, and microbiological contamination


To facilitate the shipment and acceptance of milk and milk products of high sanitary

quality in interstate and intra-

state commerce

Part of recommendations to en-

hance the safety of fresh-cut produce by minimizing micro- bial food safety hazards

2008 (§ 589.2001(c); 73 FR 22720; April 25, 2008)

Cattle Materials Prohibited in Animal Food or Feed to Pre- vent the Transmission of Bo- vine Spongiform Encephalopathy


2009 (21 CFR 118.1(b) and 118.4(e); 74 FR 33030, July 9, 2009)

Production, Storage, And Trans- portation Of Shell Eggs


Requires the use of dedicated equipment for handling and transporting cattle materials prohibited in animal feed

To provide an additional layer of animal feed protections by re- moving that material at high- est risk for transmitting BSE through animal feed

Establishes requirements for re- frigeration of shell eggs dur- ing transportation

Part of a rule requiring meas- ures to prevent Salmonella Enteritidis in shell eggs during production, storage, and transportation

* ** *** All section numbers cited We have requested com If a treated juice is tran be repeated (66 FR 6138 at

in Table 1 refer to sections in 21 CFR. ments and scientific data to enable us to improve this guidance (73 FR 51306, September 2, 2008). sported to another facility for final packaging or blending and packaging operations, the entire 5-log reduction must 6172, January 19, 2001).

F. Current Industry Practices and Areas Where Food Is At Greatest Risk For Contamination

1. Interstate Food Transportation Assessment Project

In 2007, the Michigan Department of Agriculture released information obtained from its Interstate Food Transportation Assessment Project, conducted with the States of Michigan, Illinois, Indiana, and Ohio (Ref. 28). The purpose of the project was to determine the current state of food safety and food defense in the context of in-transit food in interstate commerce. The project identified several areas of concern in food transport that increase the likelihood of food contamination, such as improper refrigeration, transport of raw meat and poultry simultaneously or sequentially in trucks also used to carry fruit and vegetables, food products lacking label or source information, improper packaging, infestation with insects, insanitary storage (e.g., roof leaks and moldy walls, animal blood and food on bed floors), lack of security seals or locks, low driver awareness of safe food temperatures, and inadequate food safety training of drivers (Refs. 28 and 29). Most of the specific instances where food transportation problems were found involved smaller box trucks and transporters of ethnic food; there were ‘‘little or no areas of concern’’ identified with larger (semi-tractor

trailer) trucks inspected during the survey (Ref. 28).

2. Report by Eastern Research Group, Inc.

The data and information we received in response to the 1996 joint ANPRM are now dated. To obtain more current data and information, we recently contracted with Eastern Research Group, Inc. (ERG) to undertake a study designed to characterize current baseline practices in the sectors involved in food transportation and to identify current areas where food is at risk for adulteration (Ref. 29). In 2009, ERG issued a report (the ERG report) with its findings (Ref. 29). The ERG report describes the results of a comprehensive literature review pertaining to food handling practices in the food transportation industry. The ERG report also presents the findings from an expert opinion elicitation study, which ERG conducted to identify the main problems that pose microbiological, chemical, and/or physical safety hazards to food during transportation and storage, and to determine the preventive controls needed to address each of the problems identified. The ERG report largely discusses its findings from the perspective of food intended for consumption by humans (e.g., raw seafood, meat, poultry, produce, eggs, and refrigerated foods that are ready-to-

eat) but also reports some findings related to animal feed.

In its report, ERG provides an overview of the domestic food supply chain (Ref. 29). A manufacturing facility may be served by a tier of suppliers. These manufacturing facilities then serve distribution facilities, which eventually serve retailer outlets, including restaurant retail facilities that serve the end consumer. Some food manufacturers use third-party logistics providers to outsource transportation procurement, while others organize the transport of their goods internally. (A third-party logistics provider is a firm that provides outsourced or ‘‘third party’’ logistics services to companies for part or sometimes all of their supply chain management function.) In this complex system, risk associated with an undetected problem increases the further one moves back in the supply chain, because a problem that is introduced further back in the supply chain system can spread out to many distributors and retailers who serve consumers.

Through its literature review, ERG identified:

  • Existing food transportation

guidelines prepared by Federal agencies, foreign countries, international organizations, and trade associations;

  • Three types of potential

contamination that could arise during

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