Colin Barnacle is Senior Counsel in Holland & Knight's Denver office

Over the past several years, being on the "front page" has taken on a new meaning. It used to signify being the next Wall Street pundit and foodie darling – the up-and-coming food rage or a successful initial public offering (IPO). Today, however, it can just as easily signify a national food safety crisis.

With food consumers demanding more fresh, natural, organic and farm-to-fork options, the risks of pathogen infiltration and food-borne illness grow exponentially. As demand skyrockets, the onus falls squarely on food retailers and restaurateurs to up their food safety game. With the legal and regulatory changes brought by the new Food Safety Modernization Act (FSMA), the legal risks and consequences associated with a pathogenic outbreak (e.g., salmonella, E. coli and listeria) are severe. In fact, anyone who handles, buys or sells food, and certainly anyone who prepares and serves food to consumers, needs to know a great deal about FSMA. FSMA is the greatest expansion of food safety requirements and the U.S. Food and Drug Administration's (FDA) powers over food safety issues in the agency's history.

So, what steps should food retailers and restaurateurs of all sizes take to avoid being on the "front page" for all the wrong reasons? Start with an internal audit of the current food safety program in order to identify the strengths, weaknesses, priorities and gaps. Some key features ought to include a) understanding FSMA and the requirements for operations, b) developing supplier testing and auditing programs, c) utilizing an appropriate level of pathogen testing for uncooked, fresh food products, and d) employing appropriate food storage, preparation and handling requirements.

There are no "one-size-fits-all" food safety programs. Each program ought to be tailored to the particular food-related organization. However, all food retailers and restaurateurs need to take a long, hard look at their programs and make the necessary changes to be safe for consumers and FSMA compliant. If not, the chances of making it to the "front page" are all too real.

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