FsMA final rule on
of human and animal
Regulatory Review is a regular column featuring updates on regulatory
matters concerning oils- and fats-related industries.
WHO Is cOvERED?
With some exceptions, the final rule applies to shippers, receivers, loaders, and carriers who transport food in the United
States by motor or rail vehicle—whether or not the food is
offered for or enters interstate commerce. The rule also applies
to shippers in other countries who ship food to the United
States directly—by motor or rail vehicle (from Canada or Mexico), or by ship or air—and arrange for the transfer of the intact
container onto a motor or rail vehicle for transportation within
the United States, only if that food will be consumed or distributed in the United States.
The rule does not apply to exporters who ship food
through the United States (from Canada to Mexico, for
example) by motor or rail vehicle if the food does not enter
US distribution. Companies involved in the transportation of
food intended for export are covered by the rule until the
shipment reaches a port or US border.
The rule establishes requirements for:
Vehicles and transportation equipment. These requirements
govern the design and maintenance of vehicles and transportation equipment. For example, such vehicles and equipment
must be suitable and adequately cleanable for their intended
use and capable of maintaining temperatures necessary for the
safe transport of food.
Transportation operations. These are measures taken during
transportation to ensure food safety, such as adequate temperature controls, preventing contamination of ready-to-eat
food from touching raw food, protection of food from contamination by non-food items in the same load or previous load,
and protection of food from cross-contact, such as the unintentional incorporation of a food allergen.
The US Food and Drug Administration (FDA) has finalized the Food Safety Modernization Act
(FSMA) rule on Sanitary Transportation of Human and Animal Food. The rule will help prevent food
contamination during motor or rail transportation by requiring shippers, loaders, carriers, and
receivers to follow recognized best practices for sanitary transportation, such as properly refrigerating food and adequately cleaning vehicles between loads. The specific requirements for vehicles
and transportation equipment, transportation operations, records, training, and waivers established by the FSMA rule do not apply to transportation by ship or air due to limitations in the law.
The earliest compliance dates for some firms begin one year after publication of the final rule in
the Federal Register. Here is a summary from the FDA press release ( http://tinyurl.com/mkwkrd6).