The U.S. Food and Drug Administration today proposed a rule that would require certain shippers, receivers, and carriers who transport food by motor or rail vehicles to take steps to prevent the contamination of human and animal food during transportation. Part of the implementation of the Sanitary Food Transportation Act of 2005, the proposal marks the seventh and final major rule in the FDA Food Safety Modernization Act’s (FSMA) central framework aimed at systematically building preventive measures across the food system.
The proposed regulation would establish criteria for sanitary transportation practices, such as properly refrigerating food, adequately cleaning vehicles between loads, and properly protecting food during transportation.
The proposed rule would apply to shippers, carriers, and receivers who transport food that will be consumed or distributed in the United States and is intended to ensure that persons engaged in the transportation of food that is at the greatest risk for contamination during transportation follow appropriate sanitary transportation practices. The requirements in the proposed rule would not apply to the transportation of fully packaged shelf-stable foods, live food animals, and raw agricultural commodities when transported by farms.
The FDA intends to hold three public meetings on the proposed rule for the Sanitary Transportation of Human and Animal Food. To do so, the agency is first planning on extending the public meetings on the proposed rule for the Intentional Adulteration of Food to include coverage of Sanitary Transportation in two locations. These meetings will be held on February 27, 2014 at the Hilton Chicago in Chicago and on March 13, 2014 at the Sheraton Park Hotel in Anaheim, CA. It is anticipated that the Chicago and Anaheim meetings will remain one day meetings but run until approximately 5:00 p.m. The agency also intends to hold a standalone public meeting on the Sanitary Transportation of Human and Animal Food on March 20, 2014, from 8:30 a.m. - 12:30 p.m. at the FDA Center for Food Safety and Applied Nutrition in College Park, MD. The agency will have final Sanitary Transportation meeting details and registration information published shortly. The proposed rule is available for public comment until May 31, 2014.
Shellfish Causing Confusion
The exemption of live animals from the proposed Food Safety Modernization Act (FSMA) sanitary transportation rule might need a caveat (hố, sự chia rẽ).
During the U.S. Food and Drug Administration’s public meeting on the rule in College Park, MD, on Thursday, Michael Osterling, executive director of the Shellfish Growers of Virginia, pointed out that shellfish are frequently transported and consumed live and raw.
But live animals – along with shelf-stable foods and compressed food gases (e.g., those used to make soft drinks) – are exempted from the regulation because it was determined they are at little risk of becoming adulterated during transportation.
“We believe that many of the illness outbreaks associated with raw shellfish consumption are caused by temperature abuse between harvest and retail that permits naturally occurring bacteria to proliferate within the shellfish,” Osterling said.
So if foods requiring temperature control to maintain their safety are covered by the proposed regulation, but live animals are exempted, where do shellfish fall?
In order to avoid enforcement confusion, Osterling requested that the agency clarify the rule’s language so that shellfish are expressly not exempted.
“We completely didn’t think about that,” responded Don Kraemer, senior advisor to FDA’s Center for Food Safety and Applied Nutrition (CFSAN). He admitted that the agency had been more focused on “hoofed” animals while crafting the rule.
Staff will now have to think through whether they meant to include shellfish and crustaceans in that exemption or not, he said.