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Badman, Lorna
From: Sent: To: Subject: Attachments: robert.almblad@origintechcenter.com Monday, November 28, 2011 9:16 AM Robert Almblad 2nd Open letter: Clarification Cocoa ice.pptx

After some discussions of my first open letter, there are a couple points I need to clarify. All the ice machine brands that I tested have excluded a dustproof barrier and therefore either push or pull air through the food zone. We use cocoa powder to test because that is also what the US military uses. The attached photo are test results of another ice machine that "pushes" air through the food zone. The photo shows ice dispensed into clear cups and allowed to melt before taking the photo. The absence of the dustproof barrier makes the ice machines in violation of the FDA Food Code as adopted by all 50 States and enacted into law by most, if not all States. (for example, in the case of Florida, the FDA Food Code was adopted in 1999 and passed into law in 2005). Once the Code is enacted into law , the fact that an ice machine has an NSF approval does not have any bearing or authority over State law. The State is obligated to enforce these codes and punish offenders with fines and imprisonment, see FDA guidelines at bottom of this letter. They are severe. This is a serious problem for ice machine manufacturers and NSF is not a solution. There is a machine design error that needs to be corrected and corrected quickly to reduce liability. When I first presented my HEPA technology to the ice machine industry, your customers compared it to other cleaning systems like UV. But, now that it can be used to create a dustproof air barrier, I don't think it will be compared to other cleaning systems. This is a system that gets them into Code compliance and if it additionally keeps the ice machine cleaner, that is a plus point, but not the reason they will do this. This is a giant liability to all the ice machine companies and their customers, particularly in high risk locations like hospitals where there is stricter enforcement of Codes. The absence of a dustproof barrier is a State Health Code violation and really has nothing to do with HEPA filtered air. It is a problem by itself and every OEM will have to deal with it one way or another. I am just suggesting a way of handling the situation with HEPA filtered air and the "Black Box" I designed. Black Box = I have designed and tested the best ways of creating dustproof barriers and filed patent applications on these methods. But, as I said, when the dust settles, I don't think anyone will want ice machines with just a dustproof barrier and no HEPA system. HEPA filtered air is just a better way of storing and dispensing ice. I am willing to license everyone on a reasonable basis and we can quickly handle this problem by using all my research and experience in this area. The HEPA system is easy and inexpensive to implement and the costs can be passed on to your customer. In turn, your customer will have to pay for monthly filter changes, which is an additional cost, but still less than the cost of weekly cleanings, as recommended by some healthcare institutions (and they think ice machines just store ice in non-moving ambient air). Thanks, Robert Almblad 727 742 9064

On page 650 of the FDA Food Code, the FDA gives examples of some State penalties that are already enacted into law, as advice that other States might follow them in terms of fines and imprisonment.

Copy Paste from FDA Food Code: "Examples of how some jurisdictions have set fines, sentences, and penalties: California law provides: A. For Wholesale Food Violations: Criminal fines and sentence for violations of up to $1,000 and up to one year imprisonment if there is shown an intent to defraud or mislead, and Civil penalties of up to $1,000 per day for certain violations. B. For Retail Food Violations: Criminal fines and sentence for violations of not less than twenty-five dollars ($25) or more than one thousand dollars ($1000) for each offense, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Maryland law provides: Criminal fines and sentence for certain misdemeanors of up to $10,000 and one year imprisonment, and in the case of repeat code violation convictions, up to $25,000 and three years imprisonment; and Civil penalties of up to $5,000 for each violation and for each day the violation continues. Texas law provides: Criminal fines and sentence for certain violations of up to $10,000 and two years imprisonment; and Assessment of five "severity" levels of administrative or civil penalties with base amounts ranging from $1,250 through $10,000. Base amounts can be decreased or increased by as much as 50% considering factors such as past performance, good faith, direct impact on health and safety, high-risk populations involved, etc. Though rarely used with retail food establishments, Federal law provides under the Criminal Fine Enforcement Act of 1984 for a fine up to $100,000 for a misdemeanor by a corporation or individual not resulting in death and, for misdemeanors resulting in death, a fine of up to $250,000 for individuals and $500,000 for corporations."

Badman, Lorna
From: Sent: To: Cc: Subject: Attachments: Hi Lorna, Sorry to trouble you again, but can you please add this short note and the attachment to my last communication to the JC Chairman: I just did a quick internet search and you can see that enforcement of the FDA Food Code for ice machines separating the condenser unit from the food zone is taking place in some places at the state level. Please see attached. Thanks, Robert robert.almblad@origintechcenter.com Wednesday, September 28, 2011 10:11 PM Badman, Lorna Susan Clickner; Davison, Patrick State level enforcement Restaurant Inspections FDA Food Code.docx

Restaurant Inspections: Pocahontas Pancake- Waffle Shoppe - Virginia Beach

Go to: << Restaurant Inspections << Cities and Counties << Virginia Beach << Pocahontas Pancake- Waffle Shoppe 3420 Atlantic Avenue Virginia Beach, VA 23451 Inspection Date: March 27, 2007 Inspection Type: Routine Critical Violations: 3 Noncritical Violations: 13

Violation Code: 1280

The ice machine does not have a dustproof barrier between the condenser unit and food or food contact surface. Install a dustproof barrier between the condenser unit and food contact areas to prevent dust contamination of food.

http://hamptonroads.com/newsdata/restaurantinspections/locality/virginia beach/restaurant/pocahontaspancakewaffleshoppe1

Bella Pizza, #101 - 4640 Shore Drive, Virginia Beach, VA - Restaurant inspection findings and violations

Restaurant: Bella Pizza Address: #101 - 4640 Shore Drive, Virginia Beach, Virginia Phone: (757) 363-8999 Total inspections: 11 Last inspection: Oct 7, 2009 1280 - The Ice machine does not have a dustproof barrier between the condenser unit and food or food contact surface. November 6, 2007 1280 - The Ice machine does not have a dustproof barrier between the condenser unit and food or food contact surface. Install a dustproof barrier between the condenser unit and food contact areas to prevent dust contamination of food. Read more: http://www.city-data.com/va-restaurants/Bella-Pizza8.html#ixzz1ZIi0pfRb

McDonald's, 13707 Jefferson Davis Hwy, Woodbridge, VA - Restaurant inspection findings and violations
Read more: http://www.city-data.com/va-restaurants/McDonald-s58.html#ixzz1ZIiJZJNm Restaurant: McDonald's Address: 13707 Jefferson Davis Hwy, Woodbridge, Virginia Phone: (703) 494-8700 Total inspections: 13 Last inspection: Apr 17, 2009

1280 - The @Ice maker@ does not have a dustproof barrier between the condenser unit and food or food contact surface. March 9, 2004 1280 - The @Ice maker@ does not have a dustproof barrier between the condenser unit and food or food contact surface. Install a dustproof barrier between the condenser unit and food contact areas to prevent dust contamination of food. Read more: http://www.city-data.com/va-restaurants/McDonald-s58.html#ixzz1ZIitrWrl

Restaurant Inspections: Gino's Pizzeria 011745 - Virginia Beach

1479 General Booth Boulevard ##101/102 Virginia Beach, VA 23454 Inspection Date: August 17, 2005 Inspection Type: Routine Critical Violations: 5 Noncritical Violations: 18

Violation Code: 1280

The ice machine does not have a dustproof barrier between the condenser unit and food or food contact surface. Install a dustproof barrier between the condenser unit and food contact areas to prevent dust contamination of food.

http://hamptonroads.com/newsdata/restaurantinspections/locality/virginiabeach/restaurant/ginos pizzeria011745/790711

Badman, Lorna
From: Sent: To: Cc: Subject: Attachments: Hello Lorna, Here is one more addition to the background of my issues document. JC Chairman: I think it is possible to get all he current ice machines manufactured in the US compliant with the FDA Food Code "dustproof barrier" and NSF 5.1.2 in maybe 9 to 12 months. This could be done by having Ecolab retrofit a HEPA filter system when a new ice machine is delivered to the customer. Please see attached drawing. The ice machine companies would only need to punch a hole into the food zone and provide an electrical plug to Ecolab's specification. That is the only change they would have to make. And, they can easily make those changes and additions in 9 to 12 months from now, assuming we can all agree to this or similar solution soon..... About 2,000 ice machines are sold each week to different locations in the US that have the "dustproof barrier" problem. Ecolab has about 3,000 wrench welding technicians that are already servicing most of those locations, so they have the manpower capacity to perform this retrofit in the field. When the new machine arrives at a location (any brand), an Ecolab tech can install the ice machine and/or just commission the HEPA filter system. Ice machine is usually a simple operation because most ice machines of this type are replacement machines for one that is broken and takes about 1 hour or less. To commission the HEPA filter system, it takes about an additional 15 minutes. (This installation is practicing the Standard 12, Protocol 398 we have been working with Patrick Davison at NSF. I copied him on this email, so he may want earlier emails on this subject.) The HEPA filter system's electrical connection would enable the ice machine to operate. Without this connection, the ice machine would not operate. This would be by design. This way the NSF certification can be used on the ice machine when it leaves the factory floor because only with the secondary Ecolab field activation of the HEPA filter system, does the ice machine actually have a dustproof barrier and therefore earn the NSF seal of approval. Anyway, I have had more time to think about this anybody, simply because I was the first to discover ice machines were pushing or pulling large amounts of unfiltered air through the food zone. And, of course, working on HEPA filtered systems. Well, that's about it. I can't think of a better or faster solution. Now that we know why ice machines are getting so dirty, so fast, we should move quickly and decisively to mitigate damages. Ecolab is the perfect partner to solve this problem because they are known for their cleanliness and adherence to all sorts of sanitary rules and regulations. Thanks, Robert
1

robert.almblad@origintechcenter.com Wednesday, September 28, 2011 7:22 PM Badman, Lorna Susan Clickner; Davison, Patrick Retrofit HEPA Filter System Safe Ice Wall Mount.pptx

UNIVERSALHEPAFILTERSYSTEMCANBEFITTEDTOANYICEMACHINEINTHEFIELD
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Lowspeedblower Low speed blower Hispeedblower

Badman, Lorna
From: Sent: To: Cc: Subject: Hello Lorna, Thanks, I appreciate the help. Could you pass the note below , along with my earlier note to the JC Chairman? This is additional background information regarding the Issue Document I sent regarding separation of the condenser unit from the food zone. Or, if I should re-submit the background information on the NSF published form, just let me know and I will do that instead. At Origin Tech we have developed and are testing a universal retro kit for adding HEPA filtered air to any brand of ice machine in the field. For instance, we showed a prototype to Subway's equipment manager and he said, and I paraphrase, "We don't normally mandate what equipment our franchisees buy, but with Safe Ice's HEPA system we just might mandate it." I am now discussing with Ecolab how to put together a program to convert existing ice machines at food service locations, like at Subway, with HEPA filtered air, regardless of the age or the brand of ice machine. The retro-kit effectively creates a dustproof barrier between the condenser unit and the food zone by creating positive air pressure, which acts as a dustproof barrier. The basic retro-fit program for Ecolab is to clean the machine, install the retro-kit and then confirm it's effectiveness with a certified particle counter, (the same particle counter that is used to classify cleanrooms). Then, on a regular basis, Ecolab would return to change water and air filters and take culture samples to verify sanitary conditions are maintained inside the ice machine and lastly, to annually reclassify the cleanroom status with the particle counter. What just came to mind is that maybe NSF can use the Ecolab retrofit program to keep all the ice machine manufacturers moving forward with NSF approved machines, with their current design, even though they push or pull air through the food zone. The idea is that maybe NSF could certify section 5.1.2 with the caveat that the ice machine needs to be retrofited with Ecolab's Safe Ice within a certain period of time after it is installed in the field. This would be a lot easier than trying to get all the manufacturers to change their design and not push or pull air through the food zone. Allowing the machines to be retrofitted after or when they are installed in the field would be the least disruptive way to handle this situation of manufacturers passing NSF STD 12, section 5.1.2 regarding a design for sanitary dispensing of ice. As I mentioned in my earlier note, it would be an economic hardship for the manufacturers to try to seal 100 holes on machines that are already being mass manufactured. As you know, Ecolab is already serving 95% of the food service customers like Subway, and so they would surely work out a reasonable service contract (in conjunction with our patent pending product) , we call Safe Ice. I am referring to NSF Policies Section 13 on the use of patents inside NSF standards. In any case, I just wanted to point out that as the patent owner, I would be very cooperative with Ecolab with licensing terms and I am sure that Ecolab will be very cooperative with their food service customers, because they already have a close relationship. The ice machine companies would not have to do anything except put that NSF caveat somewhere on the ice machine. robert.almblad@origintechcenter.com Tuesday, September 27, 2011 3:52 PM Badman, Lorna Susan Clickner RE: Standard 12

Then, some day when the manufacturers stop pushing or pulling air through the food zone and can pass NSF STD 12, section 5.1.2, then they can remove the NSF caveat. I hope this helps. Thanks, Robert Almblad CEO Origin Tech 727 742 9064

-------- Original Message -------Subject: RE: Standard 12 From: "Badman, Lorna" <Badman@nsf.org> Date: Tue, September 27, 2011 11:11 am To: "robert.almblad@origintechcenter.com" <robert.almblad@origintechcenter.com>

Mr.Almbad, YourissuepaperhasbeensubmittedtotheJCchair.OnceIhearbackfromIwillprocessyourpaper accordingly.

Lorna Badman, MS | Standards Manager | NSF International | Phone: 734.827.6806 | Fax: 734.827.6108 | E-mail: badman@nsf.org

Pleaseconsidertheenvironmentbeforeprintingthisemail

From: robert.almblad@origintechcenter.com [mailto:robert.almblad@origintechcenter.com] Sent: Monday, September 19, 2011 9:32 AM To: Badman, Lorna; Standards Subject: Standard 12 Hello Lorna, I have another request for a change in Standard 12, so I am sending it to you directly as well as to the general mailbox because the form requests that I send it to the general mailbox. Please see attached. Thanks, Robert Almblad NOTICE: This email and its contents/attachments may be confidential and are intended solely for the individual to whom it is addressed. If you are not the named addressee or if this email is otherwise received in error, please immediately notify the sender without reading it and do not take any action based on its contents or otherwise copy or disclose it to anyone. Any opinions or views expressed in this transmission are solely of the author and do not necessarily represent those of NSF International or its affiliates.

Badman, Lorna
From: Sent: To: Cc: Subject: Hello Lorna, I wanted to give you some background information on dustproof barriers in ice machines and some indication of what we are willing to do from a patent point of view. As you may know, we have been working with Patrick Davison to develop a HEPA filter protocol under STD-12 for Automatic ice machines. When we discovered, 3 months ago, that sometimes the condenser fan on ice machines was overwhelming our HEPA filter system, we asked the ice machine manufacturers why they were pushing or pulling air through the food zone. And, everyone said they were unaware their ice machines in fact did this. After demonstrating this to all the ice machine companies at the ASHE (American Society of Healthcare Engineers) trade show, which was attended or exhibited by all the ice machine companies, no one was arguing or denying that they are not pushing or pulling air through the food zone. So, after it was abundantly clear to everybody that we had discovered why ice machines were getting dirty so fast, I submitted a request to add the FDA Food Code 4-204.18 "dustproof barrier" section to the NSF STD 12. And, it is not just because the FDA Food Code says to do this that we should do it. When we demonstrated air blowing through the food zone to hundreds of attendees at 2 medical trade show, almost everyone said something like: "don't they regulate against this?" From a practical standpoint, it is going to be very difficult for the manufacturers to comply with 4-204.18 because sealing a complex piece of machinery that is currently being mass manufactured is a daunting task at best. Realistically, these machines would have to be redesigned from the bottom up with the intention to seal the two zones from each other. I have done a lot of work in this area and can give you more information if it will help, but sooner or later, everyone will agree that making a "dustproof barrier" is very difficult and will cause severe economic hardships on the ice machine companies. However, putting a HEPA filter system on the ice machine is relatively easy and cheap. It also provides a better level of protection for ice because in addition to creating a dustproof barrier, the ice is surrounded by air that has been cleaned of any particles instead of the relatively dirty ambient air. In NSF Policies 2004.pdf in Section 13: Patent in NSF Standards it states in part: "a license will be made available to applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination." Currently we are working with Ecolab to set up a service agreement for ice machines that have HEPA filtered systems adapted to them. This service would be provided to the end user of the ice machine. So, the business model is like buying a TV set and then installing it at home and using the cable network. i.e. Scotsman/Manitowoc TV's and Ecolab Cable network. Assuming we are able to iron out all the issues and co-ordinate all the parties involved, we would be willing to license all the ice machine manufacturers either reasonably or royalty free. Origin Tech's income would come from Ecolab. This would avoid putting the ice machine companies into severe economic hardship if they have to redesign their machines to become compliant with FDA Food Code 4-204.18.
1

robert.almblad@origintechcenter.com Sunday, September 25, 2011 2:21 PM Badman, Lorna Davison, Patrick; John; Susan Clickner Background and patent position

Now it could be that I am wrong and the ice machine companies can reasonably comply with FDA Food Code 4-204.18 by installing a dustproof barrier, (without running into our patents, of course) but I doubt it. In any case, if you suggest that they should be compliant with FDA Food Code 4-204.18, they will let you know how hard or how easy it is. Lastly, I have been working on cleaning up ice machine designs for years and spent $ millions doing it. All the ice machine companies know me. http://www.tampabay.com/news/business/finally-a-clean-ice-machine-says-tarpon-springsinventor/1151052 and http://www.manitowocfsusa.com/?xhtml=xhtml/eno/us/en/pressrelease/2006_01_05_enodis_focusses_o n_technology_alliances.html&xsl=pressrelease.xsl A major university, USF, is doing an independent study of the efficacy of HEPA filtered ice machines and this is being directed by Dr Daniel Lim http://usfweb2.usf.edu/abl/index.asp I don't know if I am giving you too much or too little information. Please let me know if there is anything I can do to help you in your process of handling this matter. Feel free to call or email. Thanks, Robert Almblad CEO Origin Tech. 727 742 9064

Badman, Lorna
From: Sent: To: Cc: Subject: Hi Lorna I forgot to include the website for HEPA filtered ice machines. It describes the HEPA technology and the problems it solves. www.safeicehealthcare.com Thanks, Robert robert.almblad@origintechcenter.com Monday, September 26, 2011 8:06 AM Badman, Lorna Davison, Patrick website

Amedicalicemachinesexposure tococoapowder:

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