In a supplemental notice of proposed rulemaking, the Research and Special Programs Administration (RSPA) indicates it will reference recent foodgrade security regulations by the Food and Drug Administration (FDA) and Department of Agriculture (USDA).
Comments on the RSPA proposal must be received by January 20, 2005, according to information published in the Federal Register December 21.
"This approach maintains current food safety responsibility with the agencies that are best equipped to meet that responsibility," RSPA stated in the notice. "We will continue to work with USDA and FDA to assist them as necessary to assure that food and food products are transported safely."
The RSPA proposal states that persons engaged in food transportation must comply with USDA regulations in 9 CFR Parts 1 through 599 and FDA regulations at 21 CFR Parts 1 through 1299.
In addition, RSPA proposes to include in Part 121 a recommendation that persons engaged in the transportation of food or food products utilize food safety standards and guidelines promulgated by FDA and USDA, including FDA guidance documents on food security applicable to dairy farms and milk processors, food producers and processors, and bulk transporters of juice; and USDA safety and security guidelines for the transportation and distribution of meat, poultry and egg products.
The final FDA regulation implements section 306 of the Bioterrorism Act, which directs the Department of Homeland Security to issue regulations requiring persons who manufacture, process, pack, transport, distribute, receive, hold, or import food to establish and maintain records.
These records identify the immediate previous source of all food received, as well as, the immediate subsequent recipient of all food released.
According to the RSPA proposal, the Department of Transportation will establish procedures for transportation safety inspections for the purpose of recognizing suspected incidents of contamination or adulteration of food, and will train DOT personnel in the appropriate use of the procedures.
DOT will promptly notify FDA or USDA, as applicable, of any instances of potential food contamination or adulteration identified during safety inspections.
Drawing from vulnerability assessments and technical studies related to food safety and security, USDA agencies and FDA will work with DOT to develop a program to protect against vulnerabilities. They also will provide guidance to and coordinate with DOT on sharing of significant information resulting from DOT safety inspections.
USDA and FDA will work with DOT to develop standard training for transportation inspectors to enable them to recognize suspected incidents of contamination or adulteration or other potential food safety or security concerns encountered during their inspections and to report the incidents to USDA or FDA.
FDA will be holding four public meetings in January and February 2005 to explain the requirements of the final rule to interested parties and answer questions. Registration is on a first-come, first-served basis. Additional information is available by clicking here.
To see the RSPA proposal in the Federal Register, click here.