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FDA sets FSMA rule-release deadlines

The Food and Drug Administration agreed last week to set dates by which the agency will submit final rules implementing the Food Safety Modernization Act to the Federal Register for publication.

The schedule was released in the settlement of a court case brought by the Center for Food Safety against FDA, which had argued that it could take as long as necessary to implement the laws even though President Barack Obama had signed the law in early 2011 and Congress had ordered the FDA to implement it within 18 months.

The final rule schedule, according to the agreement, is as follows:

  • Preventive Controls for Animal Food (FSMA Section 103(a) and 103(c)) August 30, 2015
  • Foreign Supplier Verification Program (FSMA Section 301(a)) October 31, 2015
  • Produce Safety Standards (FSMA Section 105(a)) October 31, 2015
  • Accreditation of Third Party Auditors (FSMA Section 307) October 31, 2015
  • Sanitary Transport of Food and Feed (FSMA Section 111) March 31, 2016

The agreement also says that FDA anticipates that it can meet the deadlines, but will go back to the court for extensions if it believes it has “good cause” to ask for them.

The U.S. Court for the Northern District of California in Oakland will continue to supervise the case.

“This is a major victory for the health and safety of the American people,” said George Kimbrell, CFS senior attorney, who led the case. “The first major update to our food safety laws since 1938 must now be implemented in a close-ended, timely fashion. That means safer food for American families.”

“Our food will soon be safer from e coli and other harms,” continued Kimbrell. “This is the best possible result, because it provides for robust public participation in the process, yet ensures certainty for its timely conclusion.”

Kimbrell said CFS remains committed to “protecting the rights” of small farms and organic farms.

The small and organic farms got certain exemptions from the law, but their advocates have continued to complain that some FSMA rules will put them out of business, the Los Angeles Times reported over the weekend.