In early April 2016, FDA finalized the sixth major rule
implementing the FDA Food Safety Modernization Act
("FSMA"). This latest rule, "Sanitary
Transportation of Human and Animal Food," is designed to prevent food contamination during
transportation. The rule will require shippers, receivers,
loaders, and carriers involved in transporting human and animal
food by motor or rail vehicle to follow recognized best practices
for sanitary transportation, such as properly refrigerating food
and maintaining temperatures necessary for the safe transport of
food, adequately cleaning vehicles between loads, and properly
protecting food during transportation. Other key requirements will
be to train carrier personnel in sanitary transportation practices
and to maintain records of written procedures, agreements, and
training. Industry expects FDA will publish waivers to the final
rule for the transportation of certain food or from certain
establishments that are already regulated by other programs, such
as the National Conference on Interstate Milk Shipments Grade
"A" Milk Safety program and the Retail Food Program. The
Agency is also reviewing whether a waiver should be granted for
transportation of molluscan shellfish, which is governed by the
National Shellfish Sanitation Program. Food companies are generally
expected to comply within one year from the final rule's
publication date (April 6, 2016). However, those food companies
considered small businesses under the rule may take up to two years
from the publication date.
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