Posted on September 20, 2016
The Food Safety Modernization Act (FSMA) has brought a number of relevant changes to the transportation industry regarding the handling of both human and animal food. The rule exists to reduce the likelihood of contamination, and requires all shippers to develop and implement written procedures adequate to ensure sanitary handling of the products in question.
Which Businesses Must Comply with the FSMA?
With some exceptions (noted below), 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. Persons 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 U.S., if that food will be consumed or distributed in the United States.
Exemptions to the FSMA Include:
- Shippers, receivers, or carriers engaged in food transportation operations that have less than $500,000 in average annual revenue
- Exporters who ship food through the United States (for example, from Canada to Mexico) by motor or rail vehicle if the food does not enter U.S. distribution.
- Transportation activities performed by a farm
- Transportation of food that is transshipped through the United States to another country
- Transportation of food that is imported for future export and that is neither consumed or distributed in the United States
- Transportation of compressed food gases (e.g. carbon dioxide, nitrogen or oxygen authorized for use in food and beverage products), and food contact substances
- Transportation of human food byproducts transported for use as animal food without further processing
- Transportation of food that is completely enclosed by a container except a food that requires temperature control for safety
- Transportation of live food animals, except molluscan shellfish
The FSMA Key Requirements
- Vehicles and transportation equipment: The design and maintenance of vehicles and transportation equipment to ensure that it does not cause the food that it transports to become unsafe. For example, they must be suitable and adequately cleanable for their intended use and capable of maintaining temperatures necessary for the safe transport of food.
- Transportation operations: The 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, i.e., the unintentional incorporation of a food allergen.
- Training: Training of carrier personnel in sanitary transportation practices and documentation of the training. This training is required when the carrier and shipper agree that the carrier is responsible for sanitary conditions during transport.
- Records: Maintenance of records of written procedures, agreements and training (required of carriers). The required retention time for these records depends upon the type of record and when the covered activity occurred, but does not exceed 12 months.
- Small businesses must comply by June 6, 2018
- Other businesses must comply by June 6, 2017
To learn more about transportation regulations, coverages, and news, contact us.
Posted on April 11, 2016
Last week the FDA released a final rule regarding sanitation standards for those involved in the process of food transportation. The rule includes an important exception for small companies – it doesn’t pertain to carriers, shippers, and receivers with less than $500,000 in total annual revenue.
Key requirements for carriers under the new final rule dicate that carriers and drivers alike are responsible for:
- Ensuring their refrigerated trailers are pre-cooled prior to loading food
- Providing proof they’ve maintained the appropriate temperature for the food they’re hauling when it is requested of them
- Developing and implementing procedures that specify their practices for cleaning, sanitizing and inspecting their equipment
Additionally, the new rule requires that shippers inspect carriers’ trailers prior to loading food products and that “appropriate” action is taken to ensure that the food is not sold if any party becomes aware of any indication that a shipment of food was not kept at the proper temperature throughout its shipment. Shippers will now also be required to give carriers written sanitation requirements for their vehicles and require shippers to keep records showing they’ve done as much.
The FDA says the rule isn’t likely to have a dramatic impact on carrier and shipper practices – rather that it codifies already existing best practices for food shipments and assists in the process of punishing those who don’t take the necessary steps to comply.
The rule goes into effect in April of 2017. To learn more about transportation regulatory compliance, contact us.