Protecting families from contaminated food and water
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Protecting families from contaminated food and water
Posted in Food Policy,Food Safety,Our Blog on September 29, 2026
The U.S. Food and Drug Administration (FDA) published a new technical report on risk factors in retail delis. This report analyzed some of the major risk factors and based on observations of actual delis, found deficiencies which could contribute to future foodborne illness situations.
Why are retail delis a high-risk establishment? What findings did the report uncover? How can you protect yourself from foodborne illnesses when selecting food from retail delis?
Here’s what we know so far about the new FDA report on risk factors in retail delis.
According to the Centers for Disease Control and Prevention (CDC), seven common foodborne pathogens are responsible for 9.9 million illnesses each year. These cases result in 53,300 hospitalizations and 931 deaths annually. The economic burden of these illnesses is estimated to total someone around 90.2 billion dollars each year.
That’s billion. With a “B.”
One major risk factor that has been on the FDA’s radar since 2024 is retail delis.
Retail delis incur a significant cross-contamination risk. One contaminated product can spread harmful germs throughout the entire deli department.
This scenario was brought to light in 2024 with the Boar’s Head deli meat Listeria outbreak. By the end of the outbreak, 61 people were infected with the outbreak strain of Listeria monocytogenes. Of which, 60 required hospitalization. Sick people were reported across 19 states.
To better understand the unique conditions of retail delis which may contribute to additional risk, the FDA investigated risk factors in these retail food store environments and published a technical report titled “FDA Report on the Occurrence of Foodborne Illness Risk Factors in Retail Food Store Delis.”
Data included in this report was obtained between 2019 and 2022.
In addition to the storage and handling aspects of retail deli products, no subsequent heat kill step is used on these types of foods. For this reason, risk aversion techniques like hand washing, no bare hand contact, and appropriate sanitation measures are so important.
This report on risk factors in retail delis looked at five major categories.
Inspectors used surveillance data and observed randomly selected delis from locations across the country.
So, what did they find?
Several observations were found contributing to the success or riskiness of a retail deli operation.
One major factor observed in retail delis and safety outcomes involves active managerial control. Only 26.7% of delis observed had no Certified Food Protection Manager. However, only 2.5% of them were “employed and present” at the time of observation.
Retail delis with a Certified Food Protection Manager in charge at the time of data collection earned significantly better food safety management system score than those where the manager was not present.
Having a well-developed Food Safety Management System was also another strong predictor. While most retail delis observed had a food safety management plan, nearly half of them were underdeveloped and lacking.
One of the two most commonly occurring risk factors identified as out of compliance involved time and temperature holding.
Hot foods should stay hot. Cold foods should stay cold. Foods between the 40 °F and 140 °F danger zone should be closely monitored. In this range, harmful germs can quickly reproduce to harmful quantities. For this reason, food left in the danger zone for two hours (one hour if ambient temperature is 90 °F or higher).
In addition to improper holding time/temperature, poor personal hygiene was commonly observed. Specifically hand-washing procedures.
Unwashed hands can easily spread foodborne germs between the carrier and those who come in contact with them or from item to item with bare hand contact. In a retail deli environment, this is even more important. Several packages may be handled in a single customer order. Cheese, ham, turkey, and whatever else. When hands become contaminated, every item that is touched afterward is vulnerable to cross-contamination.
Unsurprising, inadequate cooking was the least out of compliance risk factor. There is not a lot of cooking in a typical retail deli. However, some may offer in-house roasting or rotisserie cooking their meat.
So, what can you do to protect yourself from foodborne illness at retail delis? At first glance, it may seem like a situation in which the consumer is powerless. Much like in packaged foods, we put trust in those manufacturing these products. While the same can be said for retail delis, there are a few things you can do to help prevent foodborne illness from your side of the display counter.
Advocate for yourself and your sandwich. When the employee begins your order, observe whether they have changed gloves. They should be changing gloves between customers and after touching non-food items. If they have not changed gloves, bring it to their attention.
If you are not the only person approaching the deli counter, you may not have the opportunity to observe whether the blade and cutter was cleaned prior to your order being fulfilled. If you do observe it not being cleaned, bring it up to the employee. It doesn’t hurt to ask if you did not witness it.
If you or a family member are in a higher risk category for foodborne illness, it is a good idea to ask for a freshly opened package. While a slower moving product or a slower deli may not be able to accommodate the request, it doesn’t hurt to ask. Opening a new package ensures that no prior cross-contamination at the retail deli occurred.
If you are pregnant or have risk factors for foodborne illness, it is a good idea to introduce a heat kill step to help ensure foodborne germs are neutralized. Heat them until they are steaming hot.
Have you ever considered the safety risks involved in retail delis? Prior to 2024, I would imagine most people didn’t give it much thought. However, the very public Boar’s Head Listeria outbreak brought the major brand and the “behind the counter” activities into the light.
Have your shopping habits changed?
If you’d like to know more about food safety topics in the news, like “New FDA Report on Risk Factors in Retail Delis Shows Importance of Certified Food Protection Managers,” check out the Make Food Safe Blog. We regularly update trending topics, foodborne infections in the news, recalls, and more! Stay tuned for quality information to help keep your family safe, while The Lange Law Firm, PLLC strives to Make Food Safe!
By: Heather Van Tassell (contributing writer, non-lawyer)