6 replies to this topic

[FoodSafety2022]

Hi All,

 

I have this question. A bakery company plans to make ham and cheese croissant. The dough is made in house and has a triangle shape. The refrigerated ham block is purchased from an approved supplier and then is sliced in house. The refrigerated cheese is already sliced and purchased from another approved supplier. 

 

A slice of cheese and slice(s) of ham are placed on the triangle shape dough and then the dough is rolled, complete wrapping the ham slice and cheese slice. . The product is then frozen, run through metal detector and bulk packed (25 pieces per case). The finished product is frozen unbaked. The meat portion accounts for about 20% and the rest,  80% is sliced cheese and dough

 

Is this product under FDA or USDA jurisdiction ? This product would be considered closed sandwich and the meat ratio is much lower than 50 % so if I am not wrong, it would be under FDA jurisdiction. 

 

Looking forwards to hearing from you.

 

Thank you in advance. 

 

O.C

 

   

[Sayed M Naim Khalid]

Both USDA and FDA. 

 

FDA is more into packaged products while USDA is focused on fresh. If it is the matter of supply chain, then both can be involved in one or other step of the chain. But if you talk about croissant, it might land on the plates of local health department jurisdiction. Small food facilities are mostly inspected, licensed and controlled by local health departments. 

[kfromNE]

Both USDA and FDA. 

 

FDA is more into packaged products while USDA is focused on fresh. If it is the matter of supply chain, then both can be involved in one or other step of the chain. But if you talk about croissant, it might land on the plates of local health department jurisdiction. Small food facilities are mostly inspected, licensed and controlled by local health departments. 

Not from my experience.

 

Federal: the product is shipped/sold across state lines unless you can get an exemption.

FDA vs USDA - the percentage of meat in the product for most items.

Small facilities can be inspected by local authorities that are contracted out by the federal government.

 

We produce FDA and USDA items. We get inspected by the FDA - both local and federal then also inspected by the USDA on the items under the different regulatory jurisdictions.

 

So the sandwich would fall under USDA jurisdiction. 

https://www.fdareade...da-jurisdiction

 

Another great website: https://www.ag.ndsu.edu/foodlaw

 

So that product - USDA. A cheese croissant - FDA. Then the plant would be dual jurisdiction.

[Scotty_SQF]

I agree with KfromNE.  That has been my experience as well, that it depends on the percentage of meat. With saying that from the description of the product, I agree that it will most likely be a dual jurisdiction.

[FoodSafety2022]

 

So the sandwich would fall under USDA jurisdiction. 

https://www.fdareade...da-jurisdiction

 

 

 

It reads on that website "Closed Face Sandwiches - FDA". This ham and cheese croissant product has closed faced so it would fall under FDA I guess  

[Touchdown]

I agree with KfromNE.  

 

I learned this from an USDA inspector.  it would fall in the sandwiches guideline.  Closed face is FDA. 

[kfromNE]

What I would do to ultimately figure out what to do - Ask USDA: https://ask.usda.gov/s/

 

They can tell you for certain and are usually way faster in responding than the FDA.