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FDA releases two food safety rules

The Food and Drug Administration today released two long-awaited rules under the Food Safety Modernization Act that President Barack Obama signed into law on Jan. 4, 2011.

Under the proposed rule for Foreign Supplier Verification Programs (FSVP), importers would need to verify that their suppliers are meeting the same U.S. safety standards required of domestic producers. Requirements for verification activities would be primarily based on the type of food, nature of the hazard identified and on who — such as the foreign supplier, the importer, or the importer’s customer — is best able to control the hazard.

Under the proposed rule for Accreditation of Third-Party Auditors, FDA would recognize accreditation bodies based on certain criteria such as competency and impartiality. The accreditation bodies, which could be foreign government agencies or private companies, would in turn accredit third-party auditors to audit and issue certifications for foreign food facilities.

“The two proposed rules work together with the standards proposed in January 2013 for produce safety and preventive controls in facilities that produce food for humans,” FDA said.

The proposed rules will be published in the Federal Register on Monday. Comments on them are due by 120 days from the publication date.
Chris Waldrop

Chris Waldrop
The Consumer Federation of America welcomed the release of the rules, but noted that they had been under review at the Office of Management and Budget for a long time and that OMB has yet to release a proposed rule addressing preventive controls for animal feed.

“We look forward to reviewing the proposals carefully and providing comments to the agency,” said Chris Waldrop, director of the CFA’s Food Policy Institute.

“We encourage the Administration to work expeditiously to implement the many provisions of FSMA in order to fulfill the promise of the law and assure consumers are adequately protected from unsafe food,” he said.
Bryan Silbermann

Bryan Silbermann
Produce Marketing Association President and CEO Bryan Silbermann also welcomed the release of the rules, saying PMA would consult its global membership on comments.

“Once the FDA reviews all the comments submitted, they’ll revise the rules in a final form which will include a timeline for implementation,” he noted.

The United Fresh Produce Association noted that there are modified provisions but no exemptions for “very small importers” or importing from a “very small supplier,” defined as $500,000 or less annual food sales.

David Gombas

David Gombas
“Initially, we don’t see any surprises in FDA’s draft rules on imported foods and third-party auditor accreditation,” said Dr. David Gombas, senior vice president for food safety and technology at the United Fresh.

“However, it’s important that we thoughtfully review them in a line-by-line fashion, including analysis of their interaction with other FSMA draft rules, to ensure they advance food safety and are workable for the industry,” Gombas said.