Colorado -
CWPMA has been participating with CDPHE in discussions related to the newly adopted federal food code. Colorado generally adopts the federal food code by reference except where statute is in conflict. There are several new important elements that operators need to be aware of including for stores that prepare food. The most important change is relative to a Certified Food Protection manager having to be on shift at all times when food is being prepared. Please see the attachments for some of the more salient elements.
Importantly, most convenience stores will continue to be defined as "limited risk facilities" as such, some of the new changes will not be applicable per the attached memo – (19-08). However, most small grocery formats that prepare food on site are for sure going to be affected. We have spent quite a bit of time clarifying what Operation actually means and Generally it is considered during the actual production of the food (not necessarily the sale). I would encourage all members who do food offering to tune in and listen. CWPMA is supporting the request made by the Colorado Restaurant Association and other larger grocers for additional time for adoption of the Certified Food protection specialists. Further we are going to be encouraging the state to offer CPM manager training quarterly to help defer the costs on smaller operators. These rules will apply in every jurisdiction of Colorado outside of the city and county of Denver – we are reaching out to see if the requirements will be the same in Denver.
Finally, There are going to be some new allergan labeling requirements for facilities that “prepare food in house”
Food Labeling – Other Forms of Information (Chapter 3: 3-602.12 (C))
What has changed: The revision adds a requirement of notifying consumers of the presence of food allergens in unpackaged foods. (so if you have a deli or salad bar type facility please pay attention)
How this will affect operators: The facility shall provide written notification of the nine major food allergens found in unpackaged foods that are served or sold to the consumer. Physical or electronic means such as; brochures, deli case or menu notifications, label statements, table tents, placards, or other effective written means can be provided.
How this will protect public health: Having information available of the presence of major food allergens may prevent an inadvertent exposure. Consumers with food allergies depend on allergen information that is made available by the food establishment to make informed decisions. To address the notification of allergens in unpackaged foods served or sold within food establishments, this new provision was added. (so what this means if you are preparing the food on Site labeling is going to be required) (importantly the labeling requirement only applies
: (C) The PERMIT HOLDER shall notify CONSUMERS by written notification of the presence of MAJOR FOOD ALLERGENS as an ingredient in unPACKAGED FOOD items that are served or sold to the CONSUMER. (CWPMA note – so if you are simply reheating food Somone else made (for example premade burrito’s) then the manufacturer or producers of the food has the labeling requirement)
Food Allergen Labeling In 2004, the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282, FALCPA) amended the Federal Food, Drug, and Cosmetic Act (FD&C Act) to provide FDA with additional, specific authority regarding the labeling of a food (other than a raw agricultural commodity) that bears or contains a “major food allergen.” FALCPA requires that all affected packages of food labeled on or after January 1, 2006, identify on the label the names of the food sources of any major food allergens (i.e., the following eight foods and any protein derived from them: milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans) used as ingredients in the food. Providing the name of the food source on the label of packaged foods alerts consumers to the presence of a major food allergen and may prevent an inadvertent exposure. The names of the food sources are the same as the names of the eight foods that are major food allergens, with the exception that for fish, crustacean shellfish, and tree nuts, their respective food source names are the specific species of fish (e.g., bass, flounder, or cod), the specific species of crustacean shellfish (e.g., crab, lobster, or shrimp), and the specific types of tree nuts (e.g., almonds, pecans, or walnuts).
In April 2021, the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act) amended section 201(qq) of the FD&C Act to add sesame to the definition of “major food allergen.” This amendment applies to “any food that is introduced or delivered for introduction into interstate commerce on or after January 1, 2023 (Public Law 117-11). This amends the “major food allergen” definition as the following: milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, soybeans and sesame.
Dear Retail Food Stakeholders:
Colorado Department of Public Health and Environment’s Division of Environmental Health and Sustainability has initiated a rulemaking process to update rules related to regulated retail food establishments in Colorado. The Division is facilitating the stakeholder meeting to review proposed rule updates. A copy of the updated Colorado Retail Food Establishment Regulations 6 CCR 1010-2 redline should be reviewed prior to the meeting.
Retail Food Stakeholder Meeting
September 8, 2023 9:00 a.m. - Noon
CDPHE: In Person
4300 Cherry Creek Dr. S B1E
Denver, CO 80246
Zoom Registration:
Register for Retail Food Stakeholder Meeting
Agenda:
Retail Food Stakeholder Meeting Agenda
How to Participate and Map of CDPHE:
A map of the department is linked below. The meeting will be held in building B in room B1E. Visitor parking is marked and detailed on the map. If no visitor parking is available, you can park in CDPHE employee parking south of building C. Unlike some meetings held at the CDPHE campus, there is no need to check in at the security desk in building A for this stakeholder meeting.
CDPHE-Parking Map_Main_Campus Room B1E.pdf
As a reminder, we have created the DEHS rulemaking page on our website where additional resources will be maintained throughout the stakeholder process, including updated redline documents, meeting recordings, and supporting documentation.
Please forward this stakeholder announcement to anyone you feel who might be interested in participating. For questions about the Division’s rulemaking process, you may contact Troy Huffman at troy.huffman@state.co.us