June, 1999
by Lee Dean
One major regulatory change will affect many cider makers this season, while a second regulation is not likely to be in place until 2000.
In 1998, fruit and vegetable juice makers who could not demonstrate the capacity to achieve a five-log (100,000-fold) kill of bacteria had to somehow inform their customers of this fact. They could either do it by a warning statement on the label or by a prominently displayed placard. This season, the warning labels are mandatory. The use of placards alone is not legal. Juice that is made and consumed on the premises is not covered under the law.
The second major area of regulation is HACCP, (Hazard Analysis of Critical Control Points) a process where safety measures are practiced and documented at places where contamination is likely to occur. A proposed HACCP rule is currently being evaluated by the Food and Drug Administration, but is not likely to be finalized in time for this season.
"Our target is to publish a final rule for HACCP this calendar year," said John Kvenberg, acting deputy director of EPA’s Office of Field Programs. "It’s not imminent. It will probably take us through the year to get there."
In lieu of a final HACCP rule, cider makers are being urged to continue their efforts to improve the safety and quality of their products.
"This year, we will proceed right on the course that we set," said Jerry Wojtala, of the Michigan Department of Agriculture’s Food and Dairy Division. "We will keep strengthening our GMPs (good management practices) and keep adhering to them. It’s the best thing we know right now and it’s been working here in Michigan."
The other key factor determining how cider makers will proceed is their market. Cider going to retail outlets is far more likely to be pasteurized than cider sold direct from a mill or a farm market.
"In most cases, the market has driven this situation. The customer will have made specific demands irrespective of the status of the regulatory process," said Julia Daly, director of communications for the U.S. Apple Association.
Starting September 8 of this year, a warning label has to be included on the cider container. Placards, brochures or other ways to inform buyers will no longer be good enough.
The warning label can either be a part of the existing label or may be affixed to the container separately. The wording and typesetting size must comply with specific guidelines.
The label must read: "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly and persons with weakened immune systems."
This labeling rule is a Federal law and thus regulates juice sold across state lines. However, one state has proposed a rule for unpasteurized juices sold only within its borders. The Washington State Department of Agriculture is now considering public comments on its label law.
"Maintaining consistency with federal regulations not only allows our food products to move freely across state lines, it also puts them in a better position to compete in international markets," said Verne Hedlund, program development manager for the department’s Food Safety and Animal Health Division.
The proposed HACCP rule would require most fresh juice and vegetable manufacturers to implement hazard control programs in their plants. Juice products would have to be treated to achieve a five-log reduction in the number of harmful bacteria. According to FDA, if HACCP becomes a final regulation, the warning statements would not be required.
The five-log level has been a source of debate, with questions raised about whether a lesser level of bacterial reduction would still be enough to produce a safe product. FDA has purchased and is operating a cider mill in Placerville, Calif., to help it answer these and other research questions.
"Nothing’s final until it’s final, but the proposal is where we stand at this point in time," said Kvenberg. "And we’re not mandating pasteurizing. Instead, we put a performance standard up."
If HACCP is required, the regulations call for a phase-in period, Kvenberg stressed. Larger cider mills (40,000 gallons per year or more) will be required to use it after one year, medium-sized mills (20,000-40,000 gallons) after two years, and small operations (under 20,000 gallons) after three years.
"Everybody’s got time to implement it once it becomes final. We don’t want to just dump this on people and say they must comply immediately. We would not go into the process without an outreach and training program," said Kvenberg.
USApple’s Daly fully expects a HACCP requirement to be in the final rule, especially since it has already been put in place in the meat, poultry and seafood industries.
"Producers should be prepared to respond accordingly," she said.
The Fruit Growers News