Food Safety Modernization Act (FSMA) Update

2017 has arrived and that means we are fast approaching the compliance deadlines for several laws, some that have been years in the making and could impact you and your operation. On April 6, 2017, most businesses involved in the transportation of human and animal food will need to be in FSMA compliance with the FDA Food Safety Modernization Act, the most sweeping reform of United States food safety laws in 70 years. We’ll go over the basics and go into a little more detail about the FSMA since we last told you about it in June of 2016.

What is the FDA Food Safety Modernization Act?

The FDA Food Safety Modernization Act (FSMA) shifts the focus from responding to food contamination, to preventing foodborne illness altogether. The Act was signed into law by President Barack Obama on January 4, 2011. FSMA consists of seven rules that put measures into place for all people and businesses that handle food in order to ensure that food is produced, handled, transported, and stored properly.

Here are the rules and when they were finalized:

Preventive Controls Rules for Human and Animal Food: Sept. 2015
Produce Safety Rule: Nov. 2015
Foreign Supplier Verification Rule: Nov. 2015
Accredited Third-Party Certification: Nov. 2015
Sanitary Transportation Rule: April 2016
Intentional Adulteration Rule: May 2016

Has anything changed in the FSMA Update?

We last updated you about the latest with the FDA Food Safety Modernization Act’s final rule for the sanitary transportation of human and animal food back in June. We discussed what the final rule is, when you need to begin complying with this rule, and what is expected of shippers, loaders, carriers, and receivers. Since the Sanitary Transportation Rule was finalized in April 2016, the Intentional Adulteration (IA) Rule has also been finalized as part of the FSMA. This rule is aimed at preventing intentional adulteration from acts intended to cause wide-scale harm to public health. The IA Rule was finalized May 27, 2016. The TIA has also revised contracts that cover FMSA rules.

What is the goal of the Final Rule on Sanitary Transportation?

The rule’s goal is to prevent transported food from becoming filthy, putrid, decomposed, or otherwise unfit for food, or being rendered injurious to health from any source during transportation operations. These rules apply to shippers, receivers, loaders, and carriers involved in any transportation operations of food. The addition of loaders to these new rules was a fairly recent revision.

What does the Final Rule on Sanitary Transportation mean for brokers?

Under this rule, freight brokers are covered under the “shipper” category since they arrange for the transportation of food by a carrier or multiple carriers. The reason for this is that the broker can be an extra step in keeping shippers accountable to this rule. Brokers will also provide carriers with information such as the specifications for the transportation equipment to maintain sanitary conditions, developing a written procedure about how they are going to comply with the regulations and verify that vehicles are sanitary, retaining records that the shipper provided the required specifications to carriers, in addition to any written agreements allocating responsibility.

What to Watch?

It will be interesting to watch and see if there will be any changes to the FSMA under the Trump Administration. In September of 2016, Donald Trump’s campaign proposed getting rid of the Food and Drug Administration’s “food police,” and said they “dictate how the federal government expects farmers to produce fruit and vegetables and even dictates the nutritional content of dog food.” According to the NY Times, the list of regulations to be eliminated was short lived and was removed from the campaign’s website shortly after it was initially displayed.

Who is affected?

This rule established requirements for shippers, loaders, carriers by motor vehicle and rail vehicle, and receivers engaged in the transportation of human and animal food. The regulations include practices to make sure that food is properly refrigerated during transport, that vehicles are properly cleaned between loads, and other best practices to make sure that food does not become adulterated. Read the full rule here.

What happens if a truck is found in violation?

The DOT is authorized and trained to conduct transportation safety inspections to identify any food shipments that are in violation of these new regulations. If a truck is found in violation, the FDA can stop the shipment and/or seize the food. Criminal prosecution is also possible as a part of this rule.

FSMA Compliance Dates for the Sanitary Transportation of Human and Animal Food Rule

Most businesses are required to be in compliance with the rule April 6, 2017, one year from the rule’s publication date. According to the FDA, there are some exceptions and delayed FSMA compliance dates, depending on the size of your business.

Delayed Onset:

– Small businesses, employing less than 500 people: April 6, 2018
– Motor carriers, having less than $27.5 million in annual receipts: April 6, 2018

Exemptions:

– Transportation activities on a farm
– Shippers, receivers, or carriers that have less than $500,000 in average annual revenue
– Transportation of food that is completely enclosed by a container except for foods that require temperature control for safety
– Transportation of food that is transshipped through the U.S. to another country (i.e., Mexico to Canada)
– Transportation of compressed food gasses and food contact substances
– Transportation of human food by-products transported for use as animal food without other processing
– Transportation of live food animals, except molluscan shellfish

Will I Receive FSMA Training or Assistance?

Part of the requirements for FSMA is mandated carrier training. All transportation operations personnel will need to know the responsibilities of the carrier, have awareness of potential food safety problems that may happen during food transportation, and basic sanitary transportation practices to address those potential problems. Documentation of this training is required. Read the latest on the FDA’s path to working with the public and private partners to provide FSMA training for those who will be required to follow the new FSMA standards here.

FSMA Final Rule Updates

We are watching FSMA closely and will continue to update the blog during the implementation process. We encourage you to go to the FDA’s website and read through the published ruling if you want more detailed information about how this rule will impact your business.

Your trusted Trinity advisor is also being trained on the rules and regulations so you can manage your shipments to follow the FDA’s new standards.

If you’re interested in working with Trinity for your produce, refrigerated, or packaged food shipments, fill out our form to get a quote now.