Food Safety Update for Hospitals and Aged Care Facilities
Rachael Sutton, Partner
Since October 2008, all food businesses throughout Australia that provide food service to "vulnerable populations", such as hospitals and aged care facilities, have been required to develop and implement a Food Safety Plan (FSP).
Vulnerable persons include people over 65, children under 5, people who suffer low immunity and pregnant women. Their vulnerability means they are more at risk of food borne illness or can develop more severe conditions from it than the general population.
The pathogen of greatest concern is Listeria monocytogenes (LM). LM is the causative agent of listeriosis, a potentially fatal illness in at risk people. While the incidence of listeriosis is relatively low, it is important because of the high case-fatality rate of this infection. Eating contaminated foods is the most common means of contacting this illness. Other pathogens such as salmonella can cause more severe illness in some vulnerable persons.
Businesses catering specifically to these groups need to take considerable care when sourcing, preparing, storing and serving foods. The high risk nature of vulnerable persons is supported by food borne illness outbreak data which indicates a higher prevalence of food borne-related illness and deaths in care facilities when compared to the general population.
A review conducted by the NSW Food Authority (Authority) identified 67 outbreaks between 1995 and 2008 involving food service to vulnerable populations. Within these facilities the types of food handling operations differed significantly and management of these risk relies on the implementation and development of a FSP.
In NSW, businesses which are required to hold a license pursuant to the Vulnerable Persons Food Safety Scheme of the Food Regulation (NSW) 2010, and have an audited FSP in place1 are:
• acute care hospitals,
• psychiatric hospitals,
• nursing homes for the aged,
• hospices,
• same day establishments for chemotherapy and renal dialysis services,
• respite care establishments for the aged,
• same day aged care establishments,
• low care aged care establishments,
• delivered meals organisations, and
• childcare centres (not currently implemented in NSW).
FSPs must comply with the requirements of Standard 3.2.1 of the Food Standards Code (FSC) and:
• systematically identify the potential hazards that may be reasonably expected to occur in all food handling operations of the food business,
• identify where, in a food handling operation, each identified hazard can be controlled, and the means of control,
• provide for the systematic monitoring of those controls, provide for appropriate corrective action when that hazard, or each of those hazards, is found not to be under control,
• provide for the regular review of the program by the food business to ensure its adequacy, and
• provide for appropriate records to be made and kept by the food business demonstrating action taken in relation to, or in compliance with, the food safety program.
In NSW the FSP may be audited for compliance by the Authority or a person approved by the Authority under s 87 of the Food Act, 2003 (NSW). Auditors issue reports to the Authority and may also Corrective Action Requests (CARs). The Authority can take enforcement action (improvement, prohibition notices, fines or prosecutions) where deficiencies are detected.
The consequences of not having an appropriate FSP that is complied with and audited regularly for compliance with the FSC can be serious for the persons being cared for by the business and the business itself. Whilst there have not been any prosecutions against businesses licensed under the Vulnerable Persons Food Safety Scheme at this point in time there have been prosecutions of a number of other food businesses (in the areas of fast food retail and ready to eat meat products) for failing to comply with their FSP in respect to listeria and salmonella management and outbreaks which have resulted in serious health consequences for persons who have consumed their food.
Rachael Sutton
Partner
T: +61 2 9390 8422
E: rachael.sutton@holmanwebb.com.au