FDA Issues ANPR on Sanitary Transportation of Food

The Food and Drug Administration has issued an advance notice of proposed rulemaking to request data and information on the food¹ transportation industry and its practices. FDA is also requesting data and information on the contamination of transported foods and any associated outbreaks.

Comments are due by August 30, 2010.

FDA Required to Issue Regulations on Sanitary Transportation Practices

FDA is issuing this ANPR as part of its implementation of the Sanitary Food Transportation Act of 2005, which requires it to issue regulations setting forth sanitary transportation practices to be followed by shippers, carriers by motor vehicle or rail vehicle, receivers, and others engaged in food transport.

According to the FDA, its ANPR is also part of a larger agency effort to focus on prevention of food safety problems throughout the food chain. FDA notes that preventing harm to consumers is the primary principle described in the Key Findings of the President’s Food Safety Working Group. The FDA’s regulations would address the risks to human or animal health associated with the transportation of food.

FDA Requests Comments on Numerous Specific Issues

Through the ANPR, the FDA is specifically requesting public comments on numerous issues, including:

• Sanitation practices
• Packing, isolation, and other protective measures
• Limitations on the use of vehicles
• Information sharing among parties involved in the transportation of food
• Records currently kept by firms subject to the 2005 SFTA
• Simultaneous or subsequent shipment of nonfood products in vehicles used to transport food
• Acceptable reasons for waiver of requirements
• Federal preemption of state and local food transportation requirements
• Risk for foodborne illness associated with transportation of food

¹Food is defined by 21 U.S.C. 321(f) as articles used for food or drink for man or other animals, chewing gum, and articles used for components of any such article. FDA notes that food includes live animals intended for food use and food such as meat and poultry during transport outside of official U.S. Department of Agriculture establishments.

FDA ANPR (D/N FDA-2010-N-0013, FR Pub 04/30/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-10078.pdf.