“Best if Used by”, “Sell by”, “Expires on”, “Freeze by”…

Consumers see various versions of these phrases on food product labels all the time. But do they understand what these labels mean? Does industry? According to the Food and Drug Administration (FDA), it is estimated that the confusion over date labeling terms on food products accounts for about 20% of the food waste in the home. This is significant given that the U.S. Department of Agriculture (USDA) estimates nearly one-third of available food in the U.S. (i.e., 133 billion pounds) goes uneaten due to food loss or waste.

Why the confusion? Because open date labeling is still not mandated or standardized by federal law. In fact, the State of California just recently passed the first legislation of its kind in September 2024 to standardize the use of open date labeling on food products.

Nutrition Labeling vs. Open Date Labeling

The Nutrition Labeling and Education Act (NLEA) of 1990 requires that food manufacturers provide standardized nutritional information on their products. It also requires that food labels comply with certain requirements if they make nutritional or health claims. The FDA developed the Nutrition Facts Label to comply with the requirements of the NLEA.

The phrases mentioned above are considered open date labeling and are not part of the NLEA. Any open date labeling on food products is applied voluntarily by manufacturers or retailers to tell consumers when food is of best quality. With the exception of infant formula, these dates are not required and are not related to a product’s safety.

The USDA gives the following definitions of common phrases on open date labels:

• “Best if Used by/before” indicates when a product will be of best flavor or quality. It is not a purchase or safety date.
• “Sell by” tells the store how long to display the product for sale. This phase is for inventory management; it is not a safety date.
• “Use by” provides the latest date recommended for the use of the product while at peak quality. It is not a safety date (except on infant formula).
• “Freeze by” indicates when a product should be frozen to maintain peak quality. It is not a purchase or safety date.

A Question of Quality

For most, the confusion lies in understanding the status of a food product once the open date passes. While the quality of perishable products may deteriorate after a “Best if Used by” date, most products remain safe to eat, sell, or donate as long as they are handled properly (e.g., correct temperature and storage conditions) and show no signs of spoilage. In fact, the USDA suggests that food handling conditions are a greater predictor of spoilage than time (i.e., open date).

Sources including FDA, USDA, and a number if industry associations believe that food waste is due, in part, to fears about food safety and consumers not understanding that date labels refer to the quality of a product versus its safety to consume.

Call for Standardization

Despite this confusion and the associated ramifications (i.e., wasted food, economic loss), no mandatory federal labeling standard has been enacted, though attempts at standardization have been made:

• The Food Recovery Act of 2015 introduced the first language to standardize date labels, but it did not pass Congress. 
• In December 2016, the USDA Food Safety and Inspection Service (FSIS) updated its guidance on product date labeling, recommending that manufacturers and retailers use the phrase “Best if Used by” to indicate when a product is at peak quality.
• In 2017, industry stepped in, as the Food Manufacturing Institute (FMI) and the Consumer Brands Association (CBA) adopted joint industry guidelines to standardize open dates.
• The FDA issued a letter supporting industry’s efforts to standardize date labeling in May 2019. Consistent with the USDA, the FDA recommended using the “Best if Used by” date for manufacturers choosing to apply a quality date label.
• In 2019, the first Food Date Labeling Act (FDLA) was introduced in Congress and failed to pass. The FDLA was introduced again in 2021 and, most recently, in 2023.

California Leads the Way

In the meantime, the State of California has forged ahead, passing legislation in September 2024 to standardize the use of open date labeling on food products. Beginning July 1, 2026, the law implements the first mandatory food date labeling for companies selling food products in California by instituting the following changes:

• “Best if Used by” must be used to indicate the date when a product reaches peak quality.
• “Use by” must be used to indicate the date when a product’s safety can no longer be guaranteed.
• Retailers will be authorized to display “Packed on” labels on prepared food items, but they must also display the “Best by” or “Best if Used by” dates.
• Consumer-facing “Sell by” dates are prohibited and may only be used for inventory management.
• The phrases “Expires on” and “Freshest by”, which have inconsistent definitions, are prohibited.

Support from Industry

According to the Zero Waste Food Coalition, over 25 industry supporters have signed the Zero Food Waste Coalition’s open letter urging Congress to support the bipartisan Food Date Labeling Act of 2023…  Major food industry businesses, including Kroger, Walmart, and Nestlé USA, have signed the letter, which cites that standardizing and streamlining date labels is one of the most cost-effective methods to prevent the wasting of surplus, wholesome food.

Currently, it is at the food manufacturer’s/retailer’s discretion to use open date labeling as they see fit. As such, it is important for manufacturers and retailers to understand what the various open date labeling phrases mean before applying them to products. The available USDA, FDA, and industry guidance is meant to alleviate consumer confusion and should be used as best practice in absence of a federal standard. Using this guidance to standardize open date labeling practices to the extent possible may help manufacturers extend the shelf-lives of their products, prevent the corresponding economic loss of removing inventory from the supply chain, and reduce the amount of wholesome food being wasted.

KTL will be joining the technical program of the Society of Environmental Toxicology and Chemistry (SETAC) North America 45th Annual Meeting October 20-24, 2024 in Forth Worth, TX. SETAC is dedicated to advancing environmental science and science-informed decision-making through collaboration, communication, eductaion, and leadership.

KTL Senior Consultant Margaret Roy will be co-chairing Session 6.04.T – Risk Assessment, Remediation, and Restoration: Applying Interdisciplinary Approaches to Creating Successful Remediation and Restoration Projects on Wednesday, October 23 from 10:00am – 12:00pm.

In addition, KTL is co-author to the following poster, which will be on exhibit all day on Monday, October 21:

Human Health and Ecological Risk Assessment of the Herbicide Flumioxazin for the U.S. Forest Service
5.12.P-Mo-160 | Presenters: Julie Rothrock, SRC, Inc.; Margaret Roy, KTL; and Dan Tekiela, U.S. Forest Service

The United States Department of Agriculture (USDA) Forest Service (FS) is responsible for protecting and managing natural resources on National Forest System lands. Pesticides are one tool used by the FS to prevent, control, or manage forest insects, diseases, and invasive plants. When considering the use of a pesticide on forest lands, the FS conducts a human health and ecological risk assessment (HHERA) to evaluate risk to FS personnel, the public, and the environment, and to then make decisions regarding specific applications of pesticides on forest lands throughout the U.S. This poster presentation outlines the process for conducting theHHERA for the herbicide flumioxazin to estimate the nature and degree of potential risks, both human health and environmental, associated with its use in FS vegetation management programs. 

Location: Chicago, Illinois or St. Lous, Missouri

KTL is seeking an experienced Safety Consultant based in the Chicago, IL or St. Louis, MO metropolitan area with a strong safety compliance background working as a consultant or in industry to join our team. This individual will have knowledge of general industry safety procedures and Occupational Safety and Health (OSHA) requirements. The Safety Consultant will have experience auditing, developing, and implementing OSHA safety programs in an industrial setting, and expertise helping organizations proactively manage their operational safety-related risks.

Responsibilities and tasks include the following:

• Conducting OSHA compliance audits in general industrial settings.
• Researching federal, state, and local regulatory requirements and helping maintain standards.
• Effectively managing and building client relationships, leading to repeat business.
• Developing and delivering training and coaching on safety.
• Performing site safety assessments, conducting incident investigation/root cause analysis, and implementing follow-up corrective actions.
• Working with a team to assess, design, implement, and audit safety management systems and related programs.
• Designing safety performance metrics to drive continual improvement.
• Applying quality and process improvement methods and tools.
• Writing technical reports, work plans, and proposals.
• Supporting other KTL professionals to effectively manage and deliver projects.
• Managing tasks remotely and at client sites.

Requirements

• B.S. degree in Environmental Science, Engineering, or Occupational Safety preferred.
• 5-10 years of consulting or relevant experience working in safety for industry/manufacturing.
• Associate Safety Professional (ASP) or Certified Safety Professional (CSP) preferred.
• Recent experience conducting safety audits.
• Strong knowledge of OSHA safety standards and programs.
• Experience with environmental compliance preferred.
• Experience in healthcare preferred.
• Previous project management experience and ability to manage multiple projects and clients.
• Excellent verbal and written communication, interpersonal, and presentation skills.
• Excellent research, analytical, writing, and organizational skills.
• Ability to work independently and as a part of a team.
• Proficient in Microsoft 365 software.
• Valid driver’s license.
• Ability to travel up to 50%.

How to Apply

Forward a resume to recruiting@goktl.com.

Company Description

KTL is a multidisciplinary consulting firm that specializes in providing environmental, health, and safety (EHS); food safety; and quality management and compliance consulting services to industry and government clients. Our primary focus is to build strong, long-term client partnerships and provide tailored solutions to address regulatory compliance requirements. KTL’s services include auditing and assessments, management system development and implementation, certification support, regulatory compliance assistance, information management solutions, and training. Our headquarters are in Madison, WI and Atlanta, GA, with satellite offices throughout the U.S.

KTL is excited to be joining the 2024 Food Safety Consortium in Washington, DC, October 20-24, 2024. The 13th Annual Food Safety Consortium provides food safety and quality assurance professionals with cutting-edge knowledge, practical skills, and a collaborative network to enhance their professional development as champions of food safety.

KTL will be leading the following breakout session as part of the workshop’s technical agenda:

The Big Secret…You already have the software you need to manage food safety
October 22, 2024 | 8:30-9:15 am | Presenter: Roberto Bellavia, Senior Consultant and Partner

This session will demonstrate how food companies are leveraging Microsoft Power Platform with SharePoint® to elevate the food safety management systems (FSMS) and more effectively manage food safety compliance documentation, data, and certification requirements.

And be sure to stop by and visit us at Booth #11. We look forward to seeing you at the Food Safety Consortium!

Functionality: What does it do?

Laboratory Information Management Systems (LIMS) are tools designed to manage laboratory samples, associated data, and workflows in a user-friendly interface. KTL uses the Microsoft Power Platform to build and customize LIMS to provide organization-specific functionality, including the following:

• Samples can be tracked as individual or grouped assays.
• Workflows can be established to improve processing and reduce errors.
• Data is centralized for access and quality control improvements.

Benefits: Why do you need it?

Having a reliable LIMS can help organizations to:

• Manage and control large amount of laboratory data and samples.
• Reduce time required to track samples.
• Create detailed chain of custody.
• Provide notifications and tracking of approvals.
• Attach documents and photos to samples to provide more detailed information.
• Deliver results to identified users.

Technology Used

• SharePoint or Dataverse
• Power Apps
• Power Automate

Look for KTL October 15-17, 2024 at UW-Madison’s 36th Annual Product Liability Conference in Madison, WI. The Conference presents current and emerging product liability prevention practices. KTL will be leading the following session as part of the Conference agenda:

Creating a Safety Culture: Tools and Strategies for Growth
Session 6 | Presenters: Will Brokaw, MS, Consultant, and April Greene, CSP, CHMM, Consultant

Safety culture is the sum total of your organization’s values, beliefs, attitudes, and actions toward safety. It is often referred to as “the way we do things around here” regarding safety. Previous research has identified key attributes or qualities that positive safety cultures share. This presentation will review these key attributes, provide real world examples, and discuss tools and strategies organizations can use to assess and improve their existing safety culture.

KTL is excited to be joining the 2024 Midwest Environmental Compliance Conference (MECC) in Overland Park, Kansas, September 24-25, 2024. MECC takes a fresh, regional approach to the increasingly difficult task of environmental compliance, permitting, enforcement, and other critical environmental issues that impact Midwest facilities and institutions.

KTL will be leading the following mainstage session as part of the workshop’s technical agenda:

How to make Microsoft 365 your go-to software for managing EHS compliance – user panel
September 24, 2024 | 1:00 pm | Moderator: Joe Tell, Principal

Implementing software to manage EHS compliance sounds expensive, but it doesn’t have to be—not when most companies already have the software they need. Learn how organizations in the utility, education, and manufacturing sectors are leveraging Microsoft 365® and Power Platform® to effectively manage compliance documentation and data.

Panelists:
Tina Baker, City of Lincoln, NE Solid Waste Management Division
Autumn Gentry, Southeast Missouri State University
Emily Muth, Conagra
Brian Wanzenried, P.E., Viterra

And be sure to stop by and visit us at Booth #13. We look forward to seeing you at MECC!

Functionality: What does it do?

Virtually every regulatory agency (e.g., EPA, OSHA, FDA, USDA) and voluntary certification standard (e.g., ISO, GFSI, organic) has compliance requirements that call for companies to fulfill compliance activities by established deadlines. KTL’s Reminders and Notifications Tool is designed to help organizations make sure these deadlines are not missed. The tool allows users to receive notifications and reminders via email, Microsoft Teams, or other messaging app that action is needed, including the following triggers:  

• Document submissions
• Survey/list submissions
• Permit renewals
• Assignment due date is approaching/past due
• Item or document is awaiting approval
• Many, many others

Benefits: Why do you need it?

The Reminders and Notifications Tool helps organizations to:

• Keep multi-step processes moving forward quickly and efficiently.
• More efficiently manage compliance deadlines.
• Remind assigned staff of easy-to-forget due dates.
• Share information and reports with notifications to disseminate key information regularly.

Technology Used

• SharePoint
• Power Automate
• Email, MS Teams, or other communication platform

Salmonellosis (i.e., an infection with the bacteria Salmonella) is the second leading cause of foodborne illness in the U.S. The (CDC) Center for Disease Control estimates over 1.35 million illnesses, 26,500 hospitalizations, and nearly 420 deaths annually are attributed to Salmonella. It is estimated that over 23% of those illnesses are from eating chicken or turkey.

On October 19, 2021, the U.S. Department of Agriculture (USDA) launched a comprehensive effort to reduce Salmonella illnesses associated with poultry products. Since then, the Department has completed several activities to move closer to the national target of a 25% reduction in Salmonella illnesses (see below). One of the most significant actions came on July 29, 2024, when the USDA issued its proposed rule and determination to more effectively reduce Salmonella contamination and illnesses associated with raw poultry products.

Salmonella 101

Salmonella are bacteria that live in the intestinal tract of humans and animals and can contaminate some types of food, including raw fruits and vegetables and raw or undercooked chicken, turkey, beef, and eggs. Salmonella is transmitted by consuming contaminated food products. It can also be transferred when handling pets, particularly birds and reptiles.

Controlling Salmonella contamination is tricky for several reasons. There are approximately 2,500 serotypes (i.e., distinct strains) of Salmonella bacteria, and their risks differ across all production systems. Salmonella can survive under extreme conditions and adapt to its environment. It can also survive in most animals without causing disease in the animal. In fact, Salmonella can be found just about anywhere, including in food, water, soil, and the air we breathe.

Regulatory History

USDA’s most recent proposed rule and determination represents the culmination of the Food Safety and Inspection Service’s (FSIS) three-year effort to better control Salmonella rates in poultry and protect American consumers. The following significant events have led to this latest action:

• October 2022: FSIS announces a draft regulatory framework for a new strategy to control Salmonella in poultry products.
• June 2023: The USDA Agricultural Research Service (ARS) launches the Salmonella Grand Challenge, bringing together a group of scientists from different specialties to learn more about how and where Salmonella causes the highest risk to meat and poultry products.
• April 2024: FSIS publishes a final policy to declare Salmonella an adulterant in raw breaded chicken products when they exceed a threshold of 1 colony forming unit (CFU) per gram of Salmonella contamination. This represents the first time the USDA has labeled Salmonella as a contaminating adulterant in food, alongside certain types of E.coli.

Requirements of the Proposal Rule

The July 2024 proposed framework presents a systematic approach to addressing Salmonella contamination at the poultry slaughter and processing stages. It includes the first enforceable standards for Salmonella, something that has not been established until now because previously available tools and technology were not sufficient to track the bacteria.

The rule can be broken into the following two parts:

Enforceable Limits

The proposed rule establishes final standards to prevent raw chicken carcasses, chicken parts, ground chicken, and ground turkey products that contain any type of Salmonella at or above 10 CFU per gram/mL from entering the market. It also requires facilities to test for the presence of the following, which have been deemed Salmonella serotypes of public health significance:

If the bacteria exceed the established threshold of 10 CFU per gram/mL and contain any detectable level of at least one of the identified serotypes, the poultry cannot be sold, and the product lot would be subject to recall.

 Monitoring, Sampling, and Testing

The final rule also requires poultry companies to establish microbial monitoring programs (MMPs) to identify and prevent pathogen contamination throughout the slaughter system. All poultry slaughter establishments would be required to develop, implement, and maintain written procedures to prevent contamination and maintain records documenting those procedures. More specifically, they must incorporate statistical process control (SPC) monitoring principles into their MMPs to monitor the quality of the manufacturing process. Facilities must also implement written corrective actions, including root cause analysis, when MMP results differ from the predefined criteria.

Finally, the proposed standard provides for a routine sampling and verification testing program for Salmonella in chicken parts, comminuted chicken, and comminuted turkey. FSIS would sample raw final products and analyze them for Salmonella levels and serotypes to determine whether the final product is adulterated. If test results detect Salmonella at a level of 10 CFU/mL or higher and at least one Salmonella serotype of public health significance, FSIS would consider products to be adulterated and the lot would be prohibited from entering commerce or a recall would be initiated.

Moving Forward

Setting limits on Salmonella levels has been difficult until now, because existing tools and technology were not sophisticated enough to track the bacteria. USDA Undersecretary for Food Safety Dr. Emilio Esteban has stated of this proposed rule, “It’s time to change our approach…We have the tools. We have the technology. We have the knowledge.”

The USDA also has the track record. The Department took similar action with E.coli in 1994 after deadly outbreaks tied to ground beef. As a result, the number of foodborne illnesses related to E.coli has fallen by more than 50%. The ultimate goal of the framework for Salmonella is similar—to get the U.S. closer to the national Healthy People 2030 target of a 25% reduction in salmonellosis cases.

USDA is accepting comments on the proposed final regulatory framework through September 29, 2024.

Safety Focus

A strong safety culture has several characteristics in common. KTL’s research into the topic of safety culture has identified two traits that are particularly important to an effective safety culture: leadership and employee engagement. Best-in-class safety cultures have robust systems in place to ensure that each of these traits, among others, is mature, well-functioning, and fully ingrained into the standard practices of the organization.

Best Practices: Management Leadership

In its Recommended Practices for Safety and Health Programs, the Occupational Safety and Health Administration (OSHA) outlines best practices for implementing and maintaining a safety and health program. Management leadership is a core element. According to the guide, management provides the leadership, vision, and resources needed to implement an effective safety and health program. Management can exhibit this in several ways:

• Demonstrating a commitment to continuously improving workplace safety and health, including eliminating hazards and protecting workers.
• Making safety and health a core organizational value with associated safety and health goals and objectives.
• Establishing program expectations and responsibilities that engage employees.
• Providing adequate resources and support for the program
• Setting a good example when it comes to prioritizing safety and health.
• Communicating regularly with workers about the importance of workplace safety and health.

OSHA’s guide outlines four action items for management to “walk the talk” when it comes to safety and health:

1. Communicate your commitment to safety and health. Management should develop a clear, written policy that demonstrates safety and health is an organizational priority. The policy should be communicated to all workers and other relevant parties, be visible in the workplace, and be reinforced by management when operating the business.
2. Define program goals. These goals should focus on specific actions to improve workplace safety and health. Goals should be accompanied by assignments and timeframes to help ensure they are achieved.
3. Allocate resources. Resources may include employee time, supplies, training, tools, access to safety and health experts, funds, etc. Management should integrate safety and health into the planning and budgeting process to ensure resource needs can be met.
4. Expect performance. Employees need to be engaged to perform. Establish responsibilities, provide encouragement, recognize accomplishments, and set up channels for employees to speak freely about safety and health issues.

Characteristics of Strong Safety Leaders

To be a great safety leader, management must regularly demonstrate the value of safety. Strong safety leaders demonstrate the following characteristics:

• Caring. First and foremost, safety leaders care deeply about their people. Caring is about doing whatever is necessary to ensure employees return home safely every night. It involves showing concern for the personal safety of individuals, not just making a commitment to the overall idea of safety.
• Vision. Senior management sets the strategic goals and vision for the company’s safety program. Strong leaders can visualize what safety excellence looks like, how to achieve it, and how to communicate about it.
• Commitment and Action. When it comes to safety, actions truly speak louder than words. A lack of commitment, as demonstrated by action (or lack thereof), comes across loud and clear to staff. For example, requiring staff to work excessive hours or use defective parts to meet productivity goals sends a clear message that productivity is more important than safety.
• Communication. Safety leaders not only communicate the strategy clearly to the workers who carry out the company’s mission, they also incorporate safety into regular communications and engage workers in discussions about safety and health.
• Collaboration and Cooperation. Safety works best if management and workers are on the same team. Cooperation means working together to develop a strong safety program (e.g., management involving line workers in creating safety policies and procedures). It means management seeks feedback from workers about safety issues—and uses that feedback to make improvements.
• Recognition and Accountability. Effective leaders will foster the sense that every person is responsible for safety throughout the organization. They use recognition to positively reinforce safe behaviors vs. blame when incidents occur.
• Credibility and Trust. Trust in the safety program and in each other is built when leaders demonstrate these characteristics and safety is treated as a company-wide priority.

Strong safety performance is a cornerstone of any business. Management plays a key role in establishing a modeling a best-in-class safety culture where people want to work safely. These cultures can lead to:

• Fewer accidents, losses, and disruptions.
• Improved employee morale.
• Increased productivity.
• Lower workers compensation and insurance claims.
• Improved compliance with OSHA regulations.
• Improved reputation to attract new customers and employees and retain existing ones.
• Better brand and shareholder value.