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he vending industry has always been on the cutting edge of ways to deliver food. From ice cold sodas available during breaks at the factory to hot coffee in the middle of the night at rest areas, vending has been pushing the boundaries of when and where food is available — often faster than regulations can keep up. Micro markets, vending's newest addition, is no exception. After eight years, there are still only a handful of states that have written legislation licens- ing micro markets differently than either vending or convenience stores. Health departments are struggling to understand exactly what a micro mar- ket is and how operators can possibly protect food integrity without a person being present. This is where NAMA, the association representing the U.S. vending and refreshment services industry, has stepped in and called in an expert on food safety to proactively navigate the regulations surrounding the lucrative micro market business — Larry Eils, NAMA's health and safety knowledge source partner. "We are working with the U.S. Food and Drug Administration (FDA) to see how we can put micro markets into the food code," said Eils, who has been ensuring requirements of the federal food codes were man- ageable for the vending industry since 1985. The food code is a model that assists food control jurisdictions at all levels of government by provid- ing them a scientifically sound techni- cal and legal basis for regulating the retail and food service segments. The benefits include uniform and national standards using the most current sci- ence available to reduce the risk of foodborne illness within retail. "One of the problems is that health departments have a lot of issues with micro markets, or what are now called unattended food estab - lishments by the FDA," Eils said. Micro markets don't fit into current food retail perimeters, and the fact that there is no one on site responsible to watch the food and maintain food safety has been a cause for concern. "There are several places that wanted regulations — Ohio; Indiana; Texas; Maricopa County, Arizona; County of Los Angeles, California — these depart- ments didn't want to wait for the federal government to provide it," said Eils. Josh Rosenberg, president and CEO at Austin, TX-based Accent Food Services (AFS) operates in an area which established requirements ahead of the federal agencies. How- ever, Rosenberg was prepared. "Prior to the October 2015 requirements for a health permit, AFS had already engaged with the state's Department of Health & Public Safety," said Rosenberg. The company was able to be part of the decision making and education concerning the per- mits. "The challenge has come at the local level where jurisdiction resides," Rosenberg said. At the local level, state requirements can be defined dif- ferently or overruled completely with stricter, more challenging ones. "I will say that the health departments are getting more involved in our space," indicated Rosenberg. "And for us, it's fortunate to be seen as a partner in defining, educating and addressing." Eils agrees that health depart- ments are taking a more active role in micro market licensing and national regulations are inevitable. This is why micro markets were addressed by the Conference for Food Protection, a non-profit organization created to pro- vide a formal process whereby mem- bers of industry, regulatory, academia, consumer and professional organiza- tions are afforded equal input in the development and/or modification of Food Safety Guidance. Such guid- ance is incorporated into food safety laws and regulations at all levels of government throughout the U.S. In April 2016, the Council of Delegates for the Conference for Food Protec- tion accepted finalized guidelines for unattended food establishments (micro markets) and these guidelines will likely be used by city, state and ultimately federal health and food safety organizations when licensing and regulating micro markets. Having some federal guidance might be a positive thing, especially T Guidelines For Unattended Food Establishments (Micro Markets) Micro markets must be inside a building with controlled entry (not open to the public) Micro markets can only sell commercially packaged food (including certified commissar- ies) or whole fruit Micro markets need to require no consumer preparation other than reheating Micro markets must have self- closing food coolers/freezers with automatic self-locking mechanisms Micro markets need continuous video surveillance of resolution sufficient to identify situations that may compromise food safety or food defense Micro market service is required on a scheduled basis and acceptable frequency Micro market service is obliged to include: cleaning surfaces, verifying refrigeration equip- ment is operational, rotating product, restocking, checking for recalled products and visu- ally inspecting food for tamper- ing or damage. For the full guidance document prepared by the Conference for Food Protection, visit http:// www.foodprotect.org/guides- documents/guidance-for-unat- tended-food-establishments October/November 2016 VendingMarketWatch.com Automatic Merchandiser 31 R E G U L A T I O N S A N D L I C E N S I N G