SFA Educates Members on FDA Proposed Rules under Food Safety Modernization Act

In 2010, President Obama signed into law the Food Safety Modernization Act (FSMA) - the most sweeping reform of our food safety laws in more than 70 years. FSMA shifts the food focus from response to prevention, and gives FDA the authority to issue mandatory recalls for all food products if necessary.

The FDA has recently proposed two new regulations under FSMA – one of which regarding Hazard Analysis and Risk-Based Preventive Controls for Human Food, the other dealing with produce safety. SFA is actively working to keep its members updated on what FDA's proposed rules would mean for the snack food industry. These rules, which are designed to help prevent food-borne illness, would impose new requirements on many snack food companies. For example, it would require each food manufacturer to develop a formal, written food safety plan.

At SNAXPO 2013 in Tampa, SFA’s General Counsel Martin Hahn of Hogan Lovells US LLP, walked snack executives through the many steps they would need to take to comply with FDA’s proposed rules. Hahn reviewed the provisions and regulations that have been issued, noting that many more rules are pending. For example, the law would require companies to conduct a hazard analysis that must consider food safety hazards which are reasonably likely to occur in their operations, including such hazards as environmental pathogens, allergens, toxins, pesticide residue, acrylamide, and metal and other hard and sharp objects. He explained that companies must identify the preventive controls they are taking as well, including process controls, allergen controls, sanitation controls, and other controls -- and must also develop a recall plan. For more information on this educational session and to view the presentation, please visit the Member Resources page (login required).

The FDA will be accepting comments from the public on the two proposed FSMA rules, and in order to be considered, these comments must be submitted prior to September 16. SFA welcomes feedback from the industry on how the proposed rules would impact snack food businesses in advance of the Sep. 16 deadline.

Food Safety Modernization Act: Frequently Asked Questions

For questions and more information, please contact James A. McCarthy at jmccarthy@sfa.org.