Memorandum of Understanding
Between The Conference for Food Protection
and United States Food and Drug Administration
The purpose of this Memorandum of Understanding (MOU) is to establish the working relationship between the Conference for Food Protection (CFP) and the U.S. Food and Drug Administration (FDA) to: (1) place greater emphasis on food safety at the point of ultimate sale to the consumer through retail food serve (including but not limited to restaurants, institutional feeding operations, soup kitchens, etc.), retail food store and food vending operations; and (2) be more successful in promoting food safety, mutual respect and uniformity. The MOU sets out the working arrangements between CFP and FDA in their efforts to implement the recommendations adopted at Conference meetings.
The Constitution and Bylaws of the Conference for Food Protection states that its objective is to promote food safety and consumer protection by:
•Identifying and addressing problems in the production, processing, packaging, distribution, sale and service of foods;
•Focusing on and facilitating the food protection programs governing the food service, retail food store and food vending segments of the food industry;
•Adopting sound, uniform procedures which will be accepted by (state and local) food regulatory agencies and industry;
•Promoting mutual respect and trust by establishing a working liaison among governmental agencies, industry, academic institutions, professional associations, and consumer groups concerned with food safety;
•Promoting uniformity among states, territories and the District of Colombia. Territories include American Samoa, Guam, Northern Mariana Islands, Puerto Rico, The Trust Territory, and the U.S. Virgin Islands.
•Utilizing as the primary channels for dissemination of information:
The United States Department of Agriculture/Food Safety and Inspection Service in matters under their purview, such as food production, meat and poultry processing and consumer information; and
The United States Public Health Service/Food and Drug Administration in matters under their purview, such as food processing and assistance to food regulatory agencies based on the model food codes and related documents.
The mission of the Food and Drug Administration is to protect the public health of the Nation as it may be impaired by foods, drugs, biological products, cosmetics, medical device, ionizing and nonionizing radiation-emitting products and substances, poisons, pesticides, and food additives. FDA's regulatory functions are geared to insure that: foods are safe, pure, and wholesome; drugs, medical devices, and biological products are safe and effective; cosmetics are harmless; all of the above are honestly and informatively labeled; and that exposure to potentially injurious radiation is minimized.
III. SUBSTANCE OF AGREEMENT
A. FDA agrees to:
1. Recognize the CFP as a voluntary national organization that is well qualified to provide technical guidance and information to industry, state and local governments, academic institutions and consumer groups on matters relating to development and implementation of codes and standards dealing with retail food service, retail food store and retail food vending operations.
2. Review and consider CFP recommendations to industry, state and local governments, academic institutions and consumer groups regarding food codes and standards, and revisions thereto, which deal with retail food service, retail food store and retail food vending operations.
3. Publish revisions of the retail food service, retail food store and retail food vending guidelines as they are developed and issue interpretations of these model codes as they are made. Uniform national interpretations will be issued by FDA.
4. Participate to the fullest extent possible in the CFP, committees, and other deliberative processes that are necessary for the CFP to function efficiently and effectively.
5. Provide training seminars, technical assistance, guidance and scientific research, as resources permit, in areas dealing with retail food service, retail food stores and retail food vending. FDA agrees to make every effort to maintain a current scientific basis for the development of these efforts.
6. Coordinate federal interagency affairs on matters of concern to the CFP and with other major organizations of state and local officials that have interest in retail food program activities.
B. CFP agrees to:
1. Endorse retail food service, retail food store and retail food vending model codes currently recognized by FDA. The CFP further agrees that these model codes and any future revisions and documents endorsed by the CFP will be promoted as a basis for state and local regulation of retail food programs.
2. Inform FDA of all issues submitted to the CFP and the recommendations or actions involving industry, state and local governments, academic institutions and consumer groups taken in response to such issues.
3. Furnish FDA with copies of all recommended revisions or changes to the model codes or procedures for review for consistency with existing laws, regulations and policies of FDA and for consideration of revisions of model codes.
4. Allow representatives of foreign governments who have regulatory responsibilities in the area of retail foods to attend and participate as nonvoting attendees in its Conference meetings.
5. Work with FDA to promote state and local adoption or revision of model codes and interpretations pertaining to retail food service, retail food stores and retail food vending which the CFP has endorsed.
6. Acknowledge FDA's right and responsibility for final decisions regarding federal regulations with respect to actions or decisions of the CFP.
C. FDA and CFP agree to:
1. Exchange information relative to Conference actions, its policies and procedures and any matters that arise from Conference meetings in a timely manner.
2. Attempt to resolve problems arising from interpretations and policies that involve procedures, recommendations or other actions of the CFP.
3. Promote and encourage state and local adoption of model codes endorsed by the CFP and recognized by FDA for uniform regulation of retail food service, retail food store and retail food vending operations.
The Food Code — 1993 (Final adoption pending)
Food Service Sanitation Ordinance and Code — 1976
Retail Food Store Sanitation Code — 1982
Vending of Food and Beverages — 1978
FDA Catalogue of Courses and Training Materials
IV. NAME AND ADDRESS OF PARTICIPATING ORGANIZATIONS
A. Food and Drug Administration
5600 Fishers Lane
Rockville, Maryland 20857
B. Conference for Food Protection
c/o Leon Townsend
110 Tecumseh Trail
Frankfort, Kentucky 40601
V. LIAISON OFFICERS
The Liaison Officer for each party will be responsible for facilitating exchanges of information and expeditiously informing other interested parties within each respective organization on matters requiring prompt attention. Each party agrees to provide notification of any changes in Liaison Officer appointments. Such notification shall constitute an amendment to and not require a revision of the Agreement.
A. For Food and Drug
Arthur L. Banks, Director
Retail Food Protection Branch
Food and Drug Administration
B. For Conference for Food
Trevor W. Hayes, Chair
Conference for Food Protection
VI. PERIOD OF AGREEMENT
This Agreement will become effective upon acceptance by both parties and shall continue until terminated. The Agreement may be revised by mutual consent, or terminated by either party upon a 30-day advanced written notice to the other party.
Approved and Accepted for the Conference for Food Protection
Signed by: Trevor W. Hayes
Chair, Conference for Food Protection
Date: November 1992
Revised March 1993
Approved and Accepted for the Food and Drug Administration
Signed by: Ronald G. Chesmore, HFC-1
Associate Commissioner for Regulatory Affairs-FDA
Date: November 1992
Revised March 1993