5 replies to this topic

[3esa]

Hello, We are a producer of Chile spices and sell product in flake and powder form. Most our product goes through a Kill-step ( Steam sterilization) but do sell untreated product to customers if they provide a written assurance to control the identified hazard (Microbial). A customer wants to buy untreated chile flake to make a baking mix that consumers will have to bake at 300 degree Fahrenheit for 50 minutes. Does product need to processed though a kill step before reaching the final consumer if the consumer is baking the product? or can I sell the product with the written assurance?

[Charles.C]

Hello, We are a producer of Chile spices and sell product in flake and powder form. Most our product goes through a Kill-step ( Steam sterilization) but do sell untreated product to customers if they provide a written assurance to control the identified hazard (Microbial). A customer wants to buy untreated chile flake to make a baking mix that consumers will have to bake at 300 degree Fahrenheit for 50 minutes. Does product need to processed though a kill step before reaching the final consumer if the consumer is baking the product? or can I sell the product with the written assurance?

 

Commercialised products are typically associated with an appropriate specification.

 

How can you possibly know what the customer may do with your product ?

[TylerJones]

In my experience with FSMA, selling a product that needs to be further processed by another party YOU need to write the assurance letter stating that you have not applied a kill step and there is a possibility of xyz still in the product you sell. Your buyer that will continue to process it needs to sign it as acknowledgement. It is your duty to convey to  whoever is directly downstream that they need to either apply a kill step when they handle it or apply a label that it needs to be cooked at x degrees for x amount of time. Personally this is a record I would keep for shelf-life plus 1 year regardless what food safety certification you use. 

[Duncan]

To mirror what others have said, the product you are selling is not intended for direct consumption, and since you would be selling business-to-business I would think the only thing you would need to do is state on the product specification that the material is not controlled for microbiological parameters and is not heat-treated.

 

If it helps to draw a comparison, I've encountered plenty of specifications for wheat flour that either have a specification tolerance of up to 1,000,000 cfu/g TVC or state that micro load does not form part of the specification because the material is not sold as a consumer product.

Conversely, I have encountered specifications for heat-treated wheat flour that is specifically produced for RTE applications like cookie dough and they have included both the maximum levels for different microorganisms ad the time/temperature combination for the heat treatment.

 

In these cases, there was never any need for any kind of disclaimer or signed declaration - they were simply different products sold against different specifications. I can't see any reason there would be different expectations applied to chilli lakes, but please keep in mind I have always worked to EU regulations and it's possible the regulatory framework in the USA would impose different requirements.

[3esa]

Commercialised products are typically associated with an appropriate specification.

 

How can you possibly know what the customer may do with your product ?

we are a wholesale manufacture I might add. My customer which whom I would sell to makes individualized bread baking mixes, packaging on these mixes will instruct final consumers of baking directions. Are you suggesting I should only sell treated product to my customer because you can never count out final consumer negligence? 

[Charles.C]

we are a wholesale manufacture I might add. My customer which whom I would sell to makes individualized bread baking mixes, packaging on these mixes will instruct final consumers of baking directions. Are you suggesting I should only sell treated product to my customer because you can never count out final consumer negligence? 

Hi 3esa,

 

^^^(red) - No. ( I assume no Regulatory issues are involved and you have no specific reason to avoid such a transaction ?).

 

I suspect yr OP (and Post 3) are extensions of the, to non-USA people, somewhat alien Practice of utilising LOGs.

 

Restated, for myself, the "assurance" referred in OP is irrelevant. IMEX  sales are contractually controlled via documented mutual agreement based on specifications. Buyer activities/manipulations after reception of Goods are typically outside scope of such contracts.

 

Restated, any quality consequences incurred after completion of delivery of goods would automatically be the buyer's responsibility.

 

( I daresay this has some analogy to the Production of, for example, NRTE frozen retail foods. It is logically the responsibility of the sequential  "receiver(s") to maintain "frozen"  conditions although labelled/unlabelled cooking requirements may have multiple involvements).

Edited by Charles.C, 26 September 2021 - 08:11 AM.
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