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Hazardous Material Transportation Gale Prince, SAGE Consulting Tom Carney, Stericycle ExpertSUSTAINABILITY Erica Fransen, SuperValu

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Hazardous Material Transportation. Gale Prince, SAGE Consulting Tom Carney, Stericycle ExpertSUSTAINABILITY Erica Fransen, SuperValu. Session Objectives. Understanding The Current Regulatory Environment Review of 2010 Food Safety Modernization Act Overview of Recall Trends - PowerPoint PPT Presentation

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Page 1: Hazardous Material Transportation

Hazardous Material Transportation

Gale Prince, SAGE ConsultingTom Carney, Stericycle ExpertSUSTAINABILITY

Erica Fransen, SuperValu

Page 2: Hazardous Material Transportation

Session Objectives• Understanding The Current Regulatory Environment• Review of 2010 Food Safety Modernization Act• Overview of Recall Trends• Illustrate Costs and Benefits of Compliance• Dispel Retail Hazardous Waste Myths• Demonstrate Real World Data• Define Critical Components of an Effective Retail Hazardous Waste

Disposal Program• Impact of Hazardous Waste on Reverse logistics

Page 3: Hazardous Material Transportation

Food Safety Modernization Act2010

July 20, 2011Gale Prince

[email protected]

Page 4: Hazardous Material Transportation

Food Safety Modernization Act Key Focus

• Improving Capacity to Prevent Food Safety Issues• Improving Capacity to Detect and Respond to Food Safety Problems• Improving the Safety of Imported Foods

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Effective Dates for Key Sections - “Immediate”

• Sec 101. Inspection of Records• Sec 102. Registration of Facilities• Sec 107. Fees• Sec 201. Inspection frequency & Identification of High Risk Facilities• Sec 206. Mandatory Recall Authority• Sec 402. Whistleblower Protection

Page 6: Hazardous Material Transportation

Improving Capacity To Prevent Food Safety Problems

• Sec 101. Inspection of Records• “Reasonable belief” that use or exposure to an article of food

will cause serious adverse health consequences or death • Have access to and to copy all records relating to such article

and to any other article of food that FDA “reasonably believes” is likely to be affected in a similar manner.. (paper and/or electronic formats)

Page 7: Hazardous Material Transportation

• Sec 102. Registration of Food Facilities• Registration with FDA Biennially

• Even-numbered years – Oct to Dec • Domestic and Foreign

• Suspension of Registration• If FDA has a reasonable probability of causing serious adverse

health consequences or death to humans or animals FDA may suspend registration

• cannot introduce food into Interstate or Intrastate Commerce• Hearing Provisions

• Amend definition of “Food Establishment”

Improving Capacity To Prevent Food Safety Problems

Page 8: Hazardous Material Transportation

• Sec 103. Hazard Analysis and Risk-Based Preventive Controls• Hazard Analysis

• Known and reasonably foreseeable hazards• Biological, Chemical, Physical, Radiological hazards, natural

toxins, pesticides, drug residues, decomposition, parasites, allergens, unapproved food and color additives, naturally occurring hazards

• Unintentionally introduced hazards• Intentionally introduced hazards• Develop a written analysis of hazards

Improving Capacity To Prevent Food Safety Problems

Page 9: Hazardous Material Transportation

Improving Capacity To Prevent Food Safety Problems

• Sec 103. Hazard Analysis and Risk-Based Preventive Controls• Preventive Controls may include:

• Sanitation• Training• Environmental Monitoring• Food Allergen Control Program• A Recall Plan• Good Manufacturing Practices• Supplier Verification

Page 10: Hazardous Material Transportation

Improving Capacity To Prevent Food Safety Problems

• Sec 107. Authority to Collect Fees• Access and collect fees

• For facility re-inspection following noncompliance• Those who do not comply with voluntary recall request

Page 11: Hazardous Material Transportation

Improving Capacity To Prevent Food Safety Problems

• Sec 111. Sanitary Food Transportation of Food• Shall promulgate regulations on sanitary food transportation (18

months)

Page 12: Hazardous Material Transportation

Improving Capacity To Detect and Respond to Food Safety Problems

• Sec 207. Administrative Detention of Food• Shall issue an interim final rule on detention based upon

“reason to believe” and “is adulterated or misbranded”

Page 13: Hazardous Material Transportation

• Sec 208. Decontaminated and Disposal Standards and Plans• EPA shall provide support for, and technical assistance in

preparing for assessing, decontaminating, and recovering from an agricultural or food emergency

Improving Capacity To Detect and Respond to Food Safety Problems

Page 14: Hazardous Material Transportation

• Sec 206. Mandatory Recall Authority• Shall provide opportunity for voluntary recall when there is a

reasonable probability that a product is adulterated• Will impose mandatory recall if firm is unwilling to voluntary recall

Improving Capacity To Detect and Respond to Food Safety Problems

Page 15: Hazardous Material Transportation

FDA Food Recall Trends

From 2007 to 2009, FDA Food Recalls increased almost 400%

2004 2005 2006 2007 2008 2009 20100

500

1000

1500

2000

2500

3000

Source: Comprehensive Recall Data Analysis 2010

Page 16: Hazardous Material Transportation

U.S. Non-Food Recalls

0

100

200

300

400

500

600

Page 17: Hazardous Material Transportation

Recall Effectiveness Report

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OIG Report 2011

• Firms did not … • promptly initiate recalls• submit recall strategies• issue accurate recall communications to consignees• submit timely and complete recall status reports.

Page 19: Hazardous Material Transportation

OIG Report 2011

• FDA did not…• Conduct firm inspections or obtain complete information on

contaminated products• Conduct any audit checks of consignees• Review recall strategies and promptly issue notification letters• Witness the disposal of the products or obtain the required

documentation showing the products had been properly disposed of

Page 20: Hazardous Material Transportation

Alignment between Retailer and Manufacturer

• Removing Recalled Product from retail store shelves• Process for products that are considered “hazardous waste”

Page 21: Hazardous Material Transportation

Removal of Recalled Product Execution at Retail

Source: “Industry Wide Challenges with Recall Effectiveness,” Solutions Designs, January 2011

Page 22: Hazardous Material Transportation

Improving Effectiveness of Recalls

Source: “Industry Wide Challenges with Recall Effectiveness,” Solutions Designs, January 2011

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Recall Effectiveness - Unsaleables

• How effective are we in controlling recalled products in the flow of Unsaleable products?

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Recalls Involving Hazardous Waste

Page 25: Hazardous Material Transportation

Be Prepared to Meet NEW Challenges in Managing

[email protected] 513-236-6264

Page 26: Hazardous Material Transportation

Retail Hazardous Waste

Current Regulatory Climate

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Fines are Increasing

• Since 2005, state and federal agencies have fined the retail industry over $110 million for not properly storing, transporting, or disposing their hazardous waste

• The results of on-going investigations could lead to fines exceeding $250 million in fines over the next two years

Page 28: Hazardous Material Transportation

Retail is an Enforcement Target

• Retailers do fall under RCRA regulations• All retailers do generate hazardous waste• All retailers need to have a compliance program in place

Page 29: Hazardous Material Transportation

Fines Have Increased Significantly

Projected

Page 30: Hazardous Material Transportation

The Cost of Non-Compliance

Type of Retailer EPA or State Fine# of stores involved

Average Fine – Cost per Store

Big Box Retailer A $22 125 $176k/store

Big Box Retailer B $28.5 205 $139k/store

Big Box Retailer C $8.6 98 $87k/store

Home Improvement

$10 250 $40k/store

Regional Grocery $.4 230 $1700/store

Page 31: Hazardous Material Transportation

Retail Hazardous Waste

Myths

Page 32: Hazardous Material Transportation

“We don’t generate hazardous waste.”

• Retailers fall under RCRA enforcement

• If you market or use chemically-based products, you will generate some hazardous waste

Page 33: Hazardous Material Transportation

“We send our unsaleable product back to our DC where waste determinations are made.”

• Broken or leaking products are waste• Hazardous waste transporter must be used to transport directly

to an approved TSDF for disposition

• ORM-D packaging is most likely no longer intact• DOT training is required to properly repackage

Page 34: Hazardous Material Transportation

“We are a CESQG, therefore the regulations do not apply to us.”

• Waste characterization must be performed where the waste is generated• State and local restrictions may come into play• Putting hazardous items in dumpster is not safe

Page 35: Hazardous Material Transportation

Retail Hazardous Waste

Real World Data

Page 36: Hazardous Material Transportation

Important Factors Affecting Hazardous Waste Generation

• The state(s) you do business in• The product lines you carry• Your industry segment

Page 37: Hazardous Material Transportation

National Grocery Chain

Number of Stores 3200

Avg lbs per pick up 38

Different waste stream 16

SOP discrepancy rate 29.7 %

Number of stops per year 2

Page 38: Hazardous Material Transportation

Regional Grocery Chain in CA

Number of Stores 230

Avg lbs per pick up 77

Different waste stream 14

SOP discrepancy rate 9.7 %

Number of stops per year 2

Page 39: Hazardous Material Transportation

Hazardous Waste Program

Critical Components

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Important Factors to Consider

• Hazardous waste minimization

• In store training

• Space constraints

• Frequency of service visits

• Availability of on-line information

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Hazardous Waste Minimization

• Can items be donated• Can items be salvaged• Are all items hazardous

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In-Store Training

• Training required to reduce the gap between intent & execution• Three choices

• Train employees how to characterize waste• Use technology to minimize employee decision making• Use a third party to characterize waste

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Space Constraints

• Retailers have limited space• What is the optimum size container• Safe segregation must be maintained

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Frequency of Service Visits

• A function of:• Quantity of waste generated (generator status)• Space allocation

• Accumulation tolerance• Minimum annual service recommended (regulations permitting)

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Availability of On-line Information

• Critical for hazardous waste generators that have locations

• Accurate, timely data that is readily retrievable is the number one safeguard for preventing or minimizing fines

Page 46: Hazardous Material Transportation

Availability of on-Line Data• Other Benefits

• Ability to quickly respond to training needs• Streamlines State and Federal reporting• Helps indentify problems with certain product lines

Page 47: Hazardous Material Transportation

Impact on Reverse Logistics

Including Product Recalls

Page 48: Hazardous Material Transportation

Impact on Reverse Logistics

• Hazardous waste may be inadvertently being transported on fleet trucks, jeopardizing DOT compliance

• DC or RC generator status may be impacted

• DC’s and RC’s are targeted by regulators

• Inadvertent “waste laundering” to salvagers

Page 49: Hazardous Material Transportation

Recalls Involving Hazardous WasteRecall Product Containing Hazardous Waste

Selected States (e.g., CA)

Product may have a Waste Code such that the waste is treated as Hazardous Waste in the stateSolution: Option 1 (Disposal)1. Retrieval Rep:

a. On-site EC’s / Verify removal from shelvesb. Document Inventory

c. Complete necessary paperwork2. Hazardous Waste disposal / pick-up / destruction

Solution: Option 2 (Sustainable)1. Retrieval Rep:

a. On-site EC’s / Verify removal from shelvesb. Document Inventory

c. Complete necessary paperworkd. Ship for recycling

2. Recycling for Ethanol Recovery

Selected StatesProduct is NOT considered Hazardous Waste Solution:

1. Retrieval Rep:a. On-site EC’s / Verify removal from shelves

b. Document Inventory c. Complete necessary paperwork

2. Destruction Options:a. Destroy in the field

b. Send to Company for destruction, recycle, or alternate use

Page 50: Hazardous Material Transportation

Conclusions

• Active regulatory environment

• Many benefits to compliance

• Retailers do generate hazardous waste

• Not managing hazardous waste properly can impact reverse logistics

• Retailers need a compliance program in place