Ep. 176. Sarah Brew: What Does the Overturning of the 1984 Chevron Ruling Mean for Food Safety?

Carolyn Ross, Ph.D., M.Sc. is a Professor in the School of Food Science at Washington State University (WSU), Affiliate Professor in the WSU School of Medicine, and Director of the WSU Sensory Science Center. Since starting at WSU in 2004, Dr. Ross has established her lab and the WSU Sensory Science Center as a hub for graduate student training in the areas of sensory science and analytical chemistry. Specifically, the overall objectives of Dr. Ross's research and graduate education program are to understand the theoretical basis underpinning the sensory perception of foods and wines and correlate these attributes with quantifiable characteristics. Dr. Ross has also expanded her research to explore food texture perception in children. She has thrice been awarded the Institute of Food Technologists' (IFT's) Tanner Award for most‐cited article in the Journal of Food Science (in the Sensory and Food Quality section). Dr. Ross was also awarded the WSU Faculty Excellence Award for Instruction and is a Fulbright-Australia Scholar at Deakin University in Melbourne. She holds a Ph.D. in Food Science/Environmental Toxicology from Michigan State University and an M.Sc. degree in Food Science from the University of Guelph. In this episode of Food Safety Matters, we speak with Dr. Ross [24:22] about: Food safety and quality research underway at WSU's Sensory Science Center What e-tongue technology is, how it can be used for food safety and quality assessments, and the Sensory Science Center's work in this area The potential benefits of e-tongue technology to the food and beverage industry, and current commercial applications Other technologies that leverage sensory experience and show promise for food safety and quality assurance in different foods How Dr. Ross' work as a professor prepares students for food safety and quality assurance careers Dr. Ross' previous research regarding food texture perception in children with developmental delays, and its implications for the food and beverage industry at large. News and Resources FDA Outlines its Developing Systematic Post-Market Review Process for Chemicals in Food [2:44]California Passes First-of-its-Kind Legislation Standardizing 'Best By' Dates on Food; Bans 'Sell By' [8:50]Study: PCHF Compliance Costs Small and Midsized Food Businesses $22,000 in First Year Alone [14:07]EFSA Updates Guidance for Novel Food Applications [19:34]Scientists Develop Antibody With Detection, Treatment Potential for Foodborne Campylobacter [21:02] We Want to Hear from You! Please send us your questions and suggestions to [email protected]

Lone Jespersen, Ph.D. is a published author, speaker, and the Principal and Founder of Cultivate SA, a Swiss-based organization dedicated to eradicating foodborne illness, one culture at a time. Dr. Jespersen has worked to strengthen food safety through organizational culture improvements for 20 years, since starting at Maple Leaf Foods in 2004. She chaired the Global Food Safety Initiative (GFSI) technical working group "A Culture of Food Safety," chaired the International Association of Food Protection (IAFP) professional development group "Food Safety Culture," and was the technical author on the BSI PAS320 Practical Guide to Food Safety Culture. Dr. Jespersen holds a Ph.D. in Culture Enabled Food Safety from the University of Guelph in Canada and a master's degree in Mechanical Engineering from Syd Dansk University in Denmark. She is also a visiting Professor at the University of Central Lancashire in the UK. Dr. Jespersen serves as Chair of the IFPTI Board and as Director on the STOP Foodborne Illness Board. She is also a member of the Editorial Advisory Board of Food Safety Magazine and a member of the Educational Advisory Board of the Food Safety Summit. In this episode of Food Safety Matters, we speak with Dr. Jespersen [3:44] about: The definition of food safety culture, what it looks like, and indicators of food safety culture maturity within an organization The crucial role of assessment in promoting continuous improvement of food safety culture Different food safety culture assessment methods, their positives and negatives, and how to select the most appropriate method Best practices for communicating insights gained from food safety culture assessments to stakeholders How to adapt communication about assessment insights to different stakeholder groups Strategies for translating assessment insights into actions that effect organizational change and promote continuous improvement Learnings about food safety culture assessment and continuous improvement that can be applied within your organization today. Resources Article—Assessing Food Safety Culture: Selecting Methods and Communicating Insights, by Lone Jespersen, Ph.D., Shingai Nyarugwe, Ph.D., and Bob Lijana, M.Sc., for Food Safety Magazine October/November 2024 Webinar—Assessing Food Safety Culture: Selecting Methods and Communicating Insights Sponsored by: Meritech Access Meritech’s Food Safety Toolbox! We Want to Hear from You!Please send us your questions and suggestions to [email protected]

Takashi Nakamura, Ph.D. has served as Vice President of Food Safety for Fresh Del Monte since 2019. Previously, he worked in various senior research and development roles at Bumble Bee Foods and Bacardi, was the Vice President of Global Product Formulation and Worldwide Research and Development/Scientific Affairs at Herbalife, and was the Category Technical Leader for Portable Wholesome Snacking and Frozen Breakfast at Kellogg's. Dr. Nakamura serves on the Center for Produce Safety (CPS) Technical Committee and the Canadian Produce Marketing Association (CPMA) Food Safety Committee, and has represented Fresh Del Monte with the International Fresh Produce Association (IFPA). He is an active member of the International Association for Food Protection (IAFP). He received a Ph.D. in Engineering from Purdue University and an M.B.A. degree from the University of North Florida. In this episode of Food Safety Matters, we speak with Dr. Nakamura [30:21] about: How Fresh Del Monte applies the insights gained from continuously monitoring food safety data and environmental monitoring program (EMP) results, and technologies that help execute data-informed food safety practices Ahead of the January 2026 compliance date for FDA’s Food Traceability Final Rule, Fresh Del Monte’s proactive journey to digitize its product traceability systems, the technology the company is using to achieve this goal, and the benefits of implementing a digital traceability system Fresh Del Monte’s robust approval process and strict standards for vendors, which consistently enables 100 percent farm-to-fork traceability Considering the complexity of farming operations, how Fresh Del Monte is ensuring compliance with the requirements of FDA’s Agricultural Water Rule among its growers Fresh Del Monte’s use of internal, operational surveys that help guide the company’s training programs and culture-strengthening initiatives In Dr. Nakamura’s opinion, two distinct food safety challenges of the fresh produce sector that deserve to be better understood. News and Resources FDA Introduces Streamlined Complaint Process on First Day of New Human Foods Program [1:07] 'Safe School Meals Act' Addresses Pesticides, PFAS, Food Dyes, and More in School Lunches [3:01] Scientists Create Public Database of Hundreds of Food Packaging Chemicals Found in Humans [16:18] Wastewater Monitoring Can Aid Foodborne Illness Surveillance, Study Shows [21:01]Canada Bans BVO as a Food Additive [27:00]Massachusetts is First State to Test All Dairy Herds for HPAI H5N1; No Trace of Virus Detected [27:28] Sponsored by: Michigan State University Online Food Safety Program We Want to Hear from You! Please send us your questions and suggestions to [email protected]

José Emilio Esteban, D.V.M. was sworn in as the U.S. Under Secretary for Food Safety on January 4, 2023. In this role, he leads the Office of Food Safety at the U.S. Department of Agriculture (USDA), overseeing the Food Safety and Inspection Service (FSIS), which has regulatory oversight for ensuring that meat, poultry, and egg products are safe, wholesome, and properly labeled. In August 2018, Dr. Esteban was appointed FSIS chief scientist. In this capacity, he served as the primary scientific advisor on matters of public health and food safety that affect the mission of the agency, with primary responsibility for scientific initiatives within the FSIS Office of Public Health Science (OPHS). In 2002, Dr. Esteban joined OPHS as the Director of the Western Laboratory. In this role, he directed the implementation of the sampling program and was responsible for the facility, equipment, and personnel infrastructure. In 2008, he was appointed as the FSIS Science Advisor for laboratory services and then as Executive Associate for Laboratory Services, where he harmonized the operation of all three FSIS laboratories, maintained operations to meet with the ISO 17025 standard, and coordinated emergency response. Prior to joining FSIS, Dr. Esteban worked in several positions at the U.S. Centers for Disease Control and Prevention (CDC). From 1994–2002, he was as an epidemic intelligence service officer, a staff epidemiologist in the National Center for Environmental Health, and an assistant director for the CDC Food Safety Office. He received his doctorate in veterinary medicine (D.V.M.) from Mexico's Universidad Nacional Autonoma de Mexico, an M.B.A. degree from the Panamerican Institute, as well as a Master of Preventive Veterinary Medicine and a Ph.D. in Epidemiology from the University of California at Davis. Sandra Eskin, J.D. was appointed U.S. Deputy Under Secretary for Food Safety on March 24, 2021. In this role, she leads the Office of Food Safety at USDA, overseeing FSIS.  Prior to joining USDA, Mrs. Eskin was the Project Director for Food Safety at The Pew Charitable Trusts in Washington, D.C., a position she held since November 2009. She also served from 2008–2009 as the Deputy Director of the Produce Safety Project, a Pew-funded initiative at Georgetown University.   Before that time, Mrs. Eskin spent nearly 20 years as a public policy consultant to numerous consumer advocacy and public interest organizations, providing strategic and policy advice on a broad range of consumer protection issues, particularly food and drug safety, labeling, and advertising. She has served as a member of multiple federal advisory committees related to consumer information on prescription drugs, meat and poultry safety, and foodborne illness surveillance. Mrs. Eskin received her J.D. from UC Hastings College of the Law, and her B.A. degree from Brown University.  In this episode of Food Safety Matters, we speak with Dr. Esteban and Mrs. Eskin  [6:06] about: How FSIS took into consideration scientific advice from the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) and public comments in its revisions to the Framework FSIS’s approach to encouraging a reduction in Salmonella load on incoming flocks at slaughter The feasibility of achieving the U.S. Healthy People 2030 target of a 25 percent reduction in salmonellosis illnesses within the next five years The reasoning behind targeting certain serotypes of concern and continually adjusting which serotypes are targeted as pathogens evolve Ways in which FSIS is assessing the efficacy of regulating Salmonella as an adulterant in breaded, stuffed, raw, not-ready-to-eat chicken products FSIS’s outreach and education efforts to help industry comply with the requirements of the Framework, once it is adopted Initiatives that FSIS launched in recognition of National Food Safety Education Month during September, and details about an ongoing consumer research study the agency is conducting to inform a redesign of the safe food handling instructions label. Resources USDA-FSIS Publishes Proposed Regulatory Framework for Salmonella in Raw Poultry USDA-FSIS: Salmonella Officially an Adulterant in Breaded, Stuffed Raw Chicken Products at 1 CFU/g or Higher Partnership for Food Safety Education Consumer Food Safety Educator Toolkit Food Safety Matters Ep. 150. Sarah Gallo: CBA and FDA—Modernizing Recalls, Inspections, Labeling, and More (Featuring Dr. Esteban)Food Safety Matters Ep. 134. Sandra Eskin: How USDA-FSIS is Tackling Salmonella in Poultry Sponsored by: bioMérieux  Learn about bioMérieux’s poultry solutions! We Want to Hear from You! Please send us your questions and suggestions to [email protected]

Steve Voelzke is a seasoned executive with over 34 years of experience in engineering and manufacturing leadership roles. His expertise lies in automation and electrical engineering projects, having successfully managed global-scale initiatives throughout his career. As Steve transitioned into the manufacturing sector, he brought his knowledge and vision to Robroy Industries, a prominent manufacturer. He assumed key leadership positions there and became a driving force behind innovation efforts. Steve's commitment to driving growth and innovation is evident through his numerous patents related to evolutionary products. His dedication to community service and philanthropy further highlights his passion for making a positive impact in his community and the industry. In this episode of Food Safety Matters, we speak with Steve [1:53] about: The meaning of "hygienic design" in the context of food manufacturing facilities, and why it is a critical aspect of modern production Contributing factors to the rise in food recalls Types of recalls that are occurring in the food and beverage space and how hygienic design can help prevent them Industry best practices and sanitary standards that influence the selection of components and equipment in the design of a food manufacturing facility The importance of aligning electrical safety compliance and sanitary standards in food manufacturing How Robroy’s approach to hygienic design can help mitigate long-term contamination risks in food manufacturing facilities Client feedback on how implementing hygienic design philosophy has benefited their operations Ways in which Robroy’s hygienic design audits contribute to improving facility reliability and reducing contamination risks Beyond job audits, services Robroy provides to help ensure a proper approach to electrical infrastructure in food manufacturing facilities. Sponsored by: Robroy We Want to Hear from You! Please send us your questions and suggestions to [email protected]

Jeannie Shaughnessy is CEO of the Peanut and Tree Nut Processors Association (PTNPA), where she leads the association in fulfilling its mission and vision while managing daily operations. She works closely with the Board of Directors, Advisory Board, and Strategic Committees to shape and guide PTNPA in its ongoing and long-term strategies. Jeannie has more than 30 years of management and consulting experience with a focus on business operations and optimization, organizational development, change management, and communications. She is a trained Executive Coach, a certified facilitator, and a graduate of the Harvard Business School Social Enterprise Program, while also being a two-time business owner. Additionally, Jeannie has proudly served as a board member for many nonprofit organizations over the past 35 years. In this episode of Food Safety Matters, we speak with Jeannie [38:05] about: What the annual PTNPA Operations and Technical Food Safety Forum offers for the nut industry, and key takeaways from the 2024 event Artificial intelligence (AI) developments that could aid nut processors in ensuring food safety and quality Topics of discussions between the nut industry and FDA's Deputy Commissioner for Human Foods at PTNPA’s annual Washington D.C. Fly-In in May 2024 How PTNPA’s Handbook for Safe Processing of Nuts serves the nut industry, such as providing guidance on allergen management PTNPA's trip to Côte d'Ivoire, during which PTNPA representatives met with the country’s cashew industry to explore how it can meet U.S. food safety standards to enable entry into the U.S. market Ways in which FDA’s restructured Human Foods Program may affect the nut industry, and PTNPA’s participation in the Alliance for a Stronger FDA How PTNPA and its members are recognizing and celebrating National Nut Day on October 22. News and Resources News FSMA 204 [3:15] Report Highlights Industry Concerns With FSMA 204 Compliance, Barriers to Implementation Public-Private, Sector-Neutral Partnership for Food Traceability Aims to Advance Industry Toward FSMA 204 Compliance Leading Food Industry Associations Join Forces to Form FSMA 204 Collaboration Legislative Affairs [12:25] Proposed Legislation Would Give FDA Authority to Share Food Safety Information With States Boar’s Head Listeria Outbreak [15:59] Inspection Reports Show Mold, Insects, Meat Residues, and More at Boar’s Head Facility Responsible for Listeria Outbreak Following Outbreak, Boar's Head Forms Food Safety Council of Top Experts, Closes Facility, Discontinues Liverwurst ResourcesFood Safety Matters Ep. 33. Maple Leaf Foods: Food Safety After Tragedy Food Safety Matters Ep. 33 Transcript PDF We Want to Hear from You! Please send us your questions and suggestions to [email protected]  

Scott Gustin is a native of Gloucester, Virginia, where he grew up on a small family farm raising registered Angus and Hereford cattle. He received his undergraduate degree and veterinary degrees at Virginia Tech in 1999 and 2002, respectively, before continuing on to receive his Masters in Avian Medicine at the University of Georgia. In 2004 Scott began his veterinary career at Cobb-Vantress in Siloam Springs, Arkansas. While at Cobb his roles included technical service for North America and Asia, internal veterinary service, and the World Director for Quality Assurance focusing on Salmonella eradication programs. Following Cobb, Scott worked for Tyson Foods for 12 years as the Managing Director of Veterinary Services for domestic poultry in Springdale, Arkansas. At presnt, Scott is a Technical Advisor for Elanco Animal Health focusing on bird health and food safety. In this episode of Food Safety Matters, we speak with Scott [1:49] about: An overview of biosecurity and its importance The most significant challenges primary breeders and commercial producers face when implementing a biosecurity program Biosecurity measures that help prevent and control disease outbreaks Key biosecurity protocols that every farm should implement Best practices for training farm workers and personnel on biosecurity protocols How biosecurity measures have changed as technology has become more advanced The possible future of biosecurity and promising emerging technologies. Sponsored by: Elanco  We Want to Hear from You! Please send us your questions and suggestions to [email protected]

Brendan A. Niemira, Ph.D. is a research microbiologist with the U.S. Department of Agriculture's Agricultural Research Service (USDA's ARS) in Wyndmoor, Pennsylvania, and a graduate of the University of Chicago and Michigan State University. His research develops and validates cold plasma, pulsed light, radiofrequency energy, and other nonthermal food processing technologies. He has published over 180 peer-reviewed research articles, book chapters, and critical reviews, is the co-editor and author of a well-regarded reference text, and holds one patent. Dr. Niemira is a Fellow of the Institute of Food Technologists (IFT) and a past member of the IFT Board of Directors. He currently serves on the Educational Advisory Board for the Food Safety Summit. A member of IFT, the International Association for Food Protection, and the American Society for Microbiology for more than 20 years, he also serves on the editorial boards for the Journal of Food Protection and Applied and Environmental Microbiology. He received the 2016 U.S. Department of Defense Award for Excellence and the 2020 Federal Laboratory Consortium Technology Transfer Innovation Award. In this episode of Food Safety Matters, we speak with Brendan [22:52] about: The definition of cold plasma technology and how it can be used in the food industry to improve microbial safety The strengths and weaknesses of different forms of cold plasma Types of food for which cold plasma can be used to successfully decontaminate, and why it works best for certain food types Comparisons between cold plasma technology and other thermal and nonthermal decontamination techniques Why cold plasma technology has not yet been scaled up for widespread industry use, and for what applications commercialization could be achieved Factors that affect the energy costs of different cold plasma generation methods The possibility of adapting cold plasma technology to inactivate viruses in foodservice environments Human occupational health and safety considerations in the generation of cold plasma Takeaways from a workshop and session on root cause analysis that took place at the 2023 and 2024 Food Safety Summits, respectively Other research areas Dr. Niemira is working on at USDA-ARS to advance food safety. News and Resources NewsDraft EU Act Would Require WGS Analysis for Foodborne Illness Investigations [5:45]Study Finds GRAS Carcinogenicity Data are Adequate, but Could Use a Standardized Approach [8:57]USDA-FSIS to Begin Routine Monitoring for HPAI in Dairy Cows Under National Residue Program [15:00]Researchers Offer New Tool to Identify Top Microbial Threats to Infant Foods [18:28] ResourcesSUBSCRIBE to Food Safety Magazine and/or FSM eDigestFood Safety Magazine Webinars Sponsored by: CINTAS We Want to Hear from You! Please send us your questions and suggestions to [email protected]

As CEO of STOP Foodborne Illness (STOP) since May 2019, Mitzi Baum, M.Sc. is focused on expanding STOP's impact by concentrating on three strategic areas: families and individuals impacted by foodborne disease, company culture and practice, and food safety policy. By instituting a collaborative, consumer-centric operating model, STOP engages stakeholders across the food system to develop and advance solutions to food safety. Prior to her tenure at STOP, which will come to an end in late 2024, Mitzi cultivated a 23-year career at Feeding America, rising to the senior-level position of Managing Director of Food Safety. Mitzi holds a Master of Science degree in Food Safety and a certificate in Food Law from Michigan State University. She received her Bachelor of Science degree from Bowling Green State University and has obtained certificates in Nonprofit Management from the University of Chicago, Quality Management from DePaul University, and Food Safety Management from Cornell University. Mitzi is the 2021 Joseph Leiter Lecturer of the Medical Library Association and National Library of Medicine, an adjunct faculty for Michigan State University's Online Food Safety Program, a certified seafood Hazards Analysis and Critical Control Points (HACCP) instructor, and a Preventive Controls Qualified Individual (PCQI). She also serves as the consumer representative on Council I for the Conference for Food Protection and is a member of the National Restaurant Association's Food Safety Advisory Council. In this episode of Food Safety Matters, we speak with Mitzi [2:57] about: The development and impacts of the Alliance to Stop Foodborne Illness, a program of STOP that joins industry with consumers STOP’s advocacy for the modernization of USDA-FSIS's regulatory standards for Salmonella in poultry, for which FSIS recently released a proposed framework, and STOP’s thoughts on the new framework STOP’s work to include Cronobacter sakazakii on the CDC’s List of Nationally Notifiable Diseases, and whether more work is required to prevent Cronobacter infections from powdered infant formula following the 2022 outbreak and supply shortage Efforts to position STOP as a more credible, reliable, and focused organization with greater visibility and improved fundraising outcomes What drew Mitzi to STOP, and her proudest achievements during her tenure as CEO. We Want to Hear from You!Please send us your questions and suggestions to [email protected]

Sarah L. Brew, J.D. leads Faegre Drinker LLP's nationally recognized food litigation and regulatory practice. She is one of the country's leading food lawyers, representing food industry companies in a variety of complex cases, including many of the highest-profile and most media-scrutinized outbreaks and recalls over the past two decades. She also counsels clients on regulatory compliance, guiding them through U.S. Food and Drug Administration (FDA) inspections, recalls, warning letters, and enforcement actions; and advises on food safety, labeling, and marketing regulations and risk management issues. As a leading voice in food law, Sarah speaks nationally at food law conferences and before industry groups. In this episode of Food Safety Matters, we speak with Sarah [33:43] about: The June 28, 2024 Supreme Court ruling on Loper Bright Enterprises v. Raimondo, which overturned the Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision of 1984, and the new ruling’s regulatory implications for the food industry How the Loper Bright decision could open up an avenue for industry to challenge important FDA or U.S. Department of Agriculture (USDA) decisions, and the difficulties plaintiffs would face in actually challenging such decisions Ways in which the Loper Bright ruling might influence FDA and USDA rulemaking processes to prevent decisions from being challenged and ruled “unreasonable” in the future The potential for inconsistent application of food regulations arising from court rulings made under the new Loper Bright standard In general, the potential impacts that the Loper Bright ruling could have on food industry regulations and food safety. News and Resources Consumer Reports Raises Alarm Over Rocket Fuel Chemical in Kids’ Foods [4:18]FDA: Limited Scientific Evidence Does Not Show Microplastics in Food, Packaging Pose Health Risk [11:14]Experts Recommend Codifying Food Safety Culture After Major STEC Outbreak at Calgary Childcare Facilities [18:55] FDA to Hold Public Meeting on Development of Postmarket Food Chemical Assessment Process [26:16] FDA Human Foods Program (and CFSAN) Career Opportunities [26:49] USDA-FSIS Publishes Final Regulatory Framework for Salmonella in Raw Poultry [27:47]EPA Immediately Suspends Use of Herbicide Dacthal With Emergency Order [28:36] Sponsored by: MSU Online Food Safety We Want to Hear from You! Please send us your questions and suggestions to [email protected]