The Food Safety Modernization Act (FSMA) has transformed the U.S. system of food regulation. It represents the biggest change to the U.S. food laws in more than 75 years and impacts the entire food supply chain from farm to fork. Farms now face food safety regulations for the produce they grow. Manufactures of human food, livestock feed and pet food face new HACCP-like (Hazard Analysis and Critical Control Points) requirements under the Preventive Controls Rule. Food must be transported in accordance with new food safety standards mandated by the Sanitary Food Transportation Act. Certain food safety auditors will be accredited through an FDA program and must report audit results and observations of food safety risks to FDA pursuant to the Accreditation of Third-Party Auditors Rule. Supermarkets are now required by FDA to post recall notices to consumers.
Foreign firms that export food to the U.S. and U.S. importers face the most significant impacts under the law under the new Foreign Supplier Verification Program (FSVP) regulation. In accordance with the FSVP regulation, all importers are now required to verify that the human and animal food they import is produced in compliance with the new HACCP-like Preventive Controls Rule, the new Produce Safety Rule, FDA standards on adulteration of food, and allergen labeling requirements. Verification activities include onsite auditing, lot-by-lot sampling and reviewing food safety records among other things.
If exporters to the U.S. do not have a buyer or consignee at the time of entry for the food, then they must appoint an agent or representative located in the U.S. to conduct the verification activities for their foods. Lieberman PLLC can assist U.S. importers and foreign exporters to the U.S. in meeting the requirements of Foreign Supplier Verification Program. Lieberman PLLC also can assist exporters and importers in other aspects of food importation. Click here for more information about these services.
Lieberman PLLC has experience with the Preventive Controls and Produce Safety rules that impact U.S. and foreign suppliers and can provide assistance to firms on how to meet these requirements.
The program established by FDA under FSMA for the accreditation of third-party auditors places very significant new responsibilities on auditors who chose to participate, including direct reporting to FDA. Auditors who participate in the FDA program are given authority to issue certificates that permit the entry of certain high risk foods and certify facilities so the foods they produce are eligible for expedited entry across the U.S. border.
Additionally, FSMA requires FDA to establish a system for accrediting food safety laboratories. Such accredited laboratories are required to submit their food safety test results to FDA. Food industry firms are required to use such accredited laboratories in certain circumstances.
Lieberman PLLC can help businesses located in the U.S. and around the world on FSMA requirements.
Representative Services Include:
- Foreign Supplier Verification Program Rule
- Accreditation of Third-Party Auditors Rule
- Accreditation of Laboratories Rule
- Preventive Controls for Human Food Rule
- Preventive Controls for Animal Food Rule
- Produce Safety Rule
- Protection Against Intentional Adulteration Rule
- Sanitary Food Transportation Act Rule
- Recall Notification Rule
- Food Facility Registration Requirements
Lieberman PLLC can help your company navigate the complex new FSMA regulations. Please contact us for further information.