La. Admin. Code tit. 51 § VI-127

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-127 - Food Recall Plan

A. This Section shall become effective on January 1, 2011.

B. General. All food processing plants operating within the state of Louisiana shall maintain a written food recall plan that shall be available for review upon request by the state health officer. The owners and operators shall amend their written food recall plan with any recommendations deemed necessary by the state health officer to make such plan effective for food safety concerns.

C. Notification. The food recall plan shall include, at a minimum, the provision for notification of representatives of the Food and Drug Unit of the Office of Public Health of the Department of Health and Hospitals. In addition, for any products subject to recall that may have been involved in interstate commerce, the food recall plan shall have additional provisions to notify the Food and Drug Administration. Notification shall include, at a minimum, the following information:

1. the identity of the product(s) under recall, including name and lot number or batch code;

2. the reason for the recall;

3. the date and means of discovery of the reason for the recall;

4. total amount of product and amount estimated to be in distribution;

5. list of consignees that have or may have received affected product;

6. contact information for a responsible person at the firm who will oversee the recall; and

7. proposed strategy for conducting the recall.

D. Suppliers and Consignees. The food processing plant shall maintain a current list of suppliers and consignees for all ingredients and finished goods used in the manufacturing or distribution of the firm's products. Such list(s) shall be available for review by the state health officer.

E. Communication with the Public. The food recall plan shall include the proposed mode(s) of public communication including, as necessary, telephone, letter, website, and media outlet (newspaper, television, radio, and/or other sources) notifications.

F. Level(s) of Recall. The food recall plan shall include a method or procedure for evaluating whether the recall needs to be conducted at the wholesale, retail, or consumer levels, or if some combination is appropriate.

G. Effectiveness Checks. The food recall plan shall include provisions for conducting effectiveness checks, at the appropriate level(s) as determined necessary in Subsection F of this Section, by means of telephone interviews, site visits, or other effective means of communication.

H. Post Recall Evaluation. The food recall plan shall require a re-evaluation of all elements of the recall plan after a recall has been conducted to correct deficiencies or enhance overall effectiveness.

I. Nothing in this Section shall prevent the state health officer from exercising his authority to protect the public from adulterated or misbranded products by seizure and/or destruction of defective products in accordance with R.S. 40:632 and §105. D of this Chapter.

J. Any person or firm operating a food processing plant that violates the provisions of this Section shall be subject to a civil fine of not more than $500.

La. Admin. Code tit. 51, § VI-127

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 36:2284 (October 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40: 4(A)(1)(a), R.S. 40:5(2)(3)(5)(8)(15)(17)(19)(21) and R.S. 40: 653.