Last Year's Food Safety Trends Will Influence the Year Ahead

Editor's Note: This article originally appeared in the print edition of QA under the headline "Flipping the Rearview Mirror to See the Road Ahead."

CALIFORNIA TAKES THE LEAD. In a continuation from the infant formula recalls and shortages of 2022, we saw significant regulatory and consumer group focus on this in 2023, with FDA acting on the Reagan-Udall recommendations of 2022. For both infant and general foods, chemicals — from pesticides to heavy metals — also carried significance. What was a bit jarring about these, though, was the FDA’s apparent following of a state’s lead rather than taking the lead itself.

California has long been known for its strict regulations, with statistics showing it to be the most heavily regulated state in the country. So, it’s no surprise that its food safety laws generally surpass those of other states. But recently, its regulation has also surpassed FDA.

In October, the governor signed the California Food Safety Act into law, which bans four chemicals in food — brominated vegetable oil (BVO), potassium bromate, propylparaben and red dye 3. Not only can these chemicals not be present in foods produced in California, effective Jan. 1, 2027, but food with these chemicals can't be sold in the state. Soon after, on Nov. 2, the FDA issued a proposal to revoke a regulation that authorizes the use of BVO in food, stating that studies “clearly show adverse health effects in animals,” and the agency can no longer conclude that its use is safe. The timing may be coincidence — or not.

October also saw the signing of a California law that requires baby food manufacturers to conduct regular heavy metal tests for lead, mercury, cadmium and arsenic in their products, with public disclosure of test results beginning in 2025. While FDA’s “Closer to Zero” goals include the establishment of action levels for the four heavy metals, California is once again in the lead, as an FDA response to California’s law stated that the agency plans to issue draft guidance in 2024 on action levels for arsenic and cadmium in foods for babies and young children (according to an email to Bloomberg).

My feeling is that FDA should be ahead of the states in such regulation, but that’s a whole other article. Either way, the events of 2023 virtually guarantee that heavy metals will continue to be in the spotlight in 2024, particularly as we ended 2023 with a pretty scary situation of lead toxicity in kids. The challenge is that it is extremely difficult for food businesses to manage heavy metals, as most originate in the earth where the produce is grown.

With 2023 now in the rearview mirror, what can we learn from the events of the year, and what continuing impacts can we expect in 2024?

TIME FOR TRACEABILITY. I see 2024 as an interesting year for traceability as the industry begins to realize that the clock is winding down for compliance with the new rule (FSMA 204) due in January 2026. My recommendation is to use 2024 to really understand the rule and what you need to do for compliance. (It’s much more complex than most realize!) Then, use 2025 for implementation, reserving Q4 to pressure test your program.

Don’t be complacent and think you can do it all last-minute or that it won’t be enforced. It will. Simply recall any recall investigation to realize how critical fast and full traceability is.

FSVP INSPECTIONS GAIN TRACTION. The focus on high-risk foods was shown in 2023 by FDA’s attention to imported foods and Foreign Supplier Verification Program (FSVP) inspections. Not only is the agency increasing its number of FSVP inspections year over year, but those inspections are revealing a high percentage of businesses with no FSVP developed, resulting in 483 citations or warning letters. FDA has further increased it goals for 2024, so don’t expect this to lose steam!

SPOTLIGHT ON SALMONELLA. On the USDA front, industry can expect to see continued focus on rulemaking to reduce Salmonella in poultry, along with the agency’s plan to publish a final determination to declare Salmonella an adulterant.

FINAL THOUGHTS. We can’t forget that 2024 is an election year, so you can bet we’ll see candidates jumping on the bandwagon and campaigning for stronger food regulations based on consumer concerns.

Although new regulatory requirements would not take effect in 2024, my advice is to make sure you know all your product risks. Take a good look at your products, particularly those for infants or children; know the chemical, physical and microbiological exposure of each, then determine how they can be controlled in your facility and across your supply chain.