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January 5, 2004

IICA, NCI and Others Petition FDA for Tolerance Policy on Listeria in Low-Risk Foods

Based on the results of the Food and Drug Administration's (FDA) recently released, comprehensive risk assessment on Listeria monocytogenes in ready-to-eat foods, the International Ice Cream Association (IICA) and the National Cheese Institute (NCI) joined 15 other food organizations in filing a petition last month with FDA requesting a regulatory limit for listeria in foods that do not support its growth. The petition seeks to end the current "zero tolerance" policy on listeria for select food products where it is clear that listeria does not present a threat to health, such as in ice cream and some cheeses.

"IICA and NCI have been working diligently with FDA for almost five years to establish the science behind a better policy regarding listeria in certain dairy foods," said Cary Frye, IICA and NCI vice president of regulatory affairs. "Setting a regulatory limit is a natural next step for FDA, given the agency's confirmation in October that certain foods - including ice cream and certain cheeses - don't pose a significant risk for foodborne listeriosis."

Specifically, the petition requests that FDA establish a regulatory limit of 100 colony forming units per gram (cfu/g) for Listeria monocytogenes in foods that do not support its growth. Foods in this category are prepared foods that are held at or below -1 degree Celsius (such as ice cream and frozen foods); have pH values less than 4.4, with water activity less than 0.92 (including parmesan, cheddar and other hard cheeses); or foods demonstrated through scientific evidence to not support growth of Listeria monocytogenes, such as foods with added microbial inhibitors.

Currently under FDA's "zero tolerance" policy, if even one listeria organism is detected in a food, the manufacturer is required by FDA to conduct a Class I recall, a disruptive and costly procedure. Frye noted that the tolerance policy on certain foods has long been used with success in Canada and other countries.

"It's important that our food safety policies actually promote food safety. In this case, it's clear that certain dairy foods are not a threat for growth and transmission of listeria," Frye said. "Granting this petition would help transform FDA's risk assessment findings into workable strategies for advancing public health."

In its final risk assessment, FDA reconfirmed the safety of dairy products, citing such foods as ice cream, processed cheese, hard cheese and cultured milk products as very low risk for listeria. In addition, the dairy foods industry has made major strides in recent years regarding listeria control through the use of new technologies and equipment. In fact, FDA's largest actionable finding from its risk assessment pertained to consumers: It suggested that if all consumers kept their refrigerators at a proper cool temperature (40 degrees F), foodborne illness could be significantly reduced.

In addition to NCI and IICA, the petition was co-signed by the American Bakers Association, American Frozen Foods Institute, American Meat Institute, Grocery Manufacturers of America, Midwest Food Processors Association, National Chicken Council, National Fisheries Institute, National Food Processors Association, National Milk Producers Federation, National Turkey Federation, Northwest Food Processors Association, Snack Food Association, and United Fresh Fruit and Vegetable Association.

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