Tag Archives: waiver

FSMA

How the Sanitary Transportation Rule Waiver Applies to Retail Food Establishments

By Food Safety Tech Staff
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FSMA

This week the FDA issued another guidance document to explain a waiver to the Sanitary Transportation rule and that it applies to retail food establishments that sell food for humans as well as those that sell both human and animal food. It does not apply to establishments that exclusively sell animal food.

“The Sanitary Transportation rule established a process by which FDA may waive any of the rule’s requirements for certain classes of persons, vehicles, or types of food if doing so will not result in the transportation of food under conditions that would be unsafe for human or animal health, or contrary to the public interest.” – FDA

In April, FDA announced three waivers that apply to businesses with transportation operations subject to State-Federal controls. Since this time, FDA stated that it has received questions regarding whether the term “retail food establishment” also applies to businesses that sell animal food. “The purpose of the guidance document is to clarify that the waiver is intended to apply to establishments that are covered by human food regulations based on the FDA Food Code and administered by state and local authorities,” FDA stated in a news release.

Earlier this month FDA released three guidances related to low-acid canned foods, juice HACCP and seafood HACCP.

FSMA, Food Safety Tech, FDA

FDA Announces Waivers to FSMA Sanitary Transportation Rule

By Food Safety Tech Staff
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FSMA, Food Safety Tech, FDA

As of today, April 6, larger companies are expected to be compliant with the FSMA Sanitary Transportation rule. However, yesterday FDA announced its intention to waive the rule’s requirements in specific cases in which foods did not need to be protected from becoming unsafe. The FDA waivers apply to businesses that have transportation operations subject to State-Federal controls, including:

  • Businesses that have valid permits and inspected under the National Conference on Interstate Milk Shipments’ Grade “A” Milk Safety Program, only when transporting Grade “A” milk and milk products.
  • Food establishments that are authorized to operate when engaged as receivers; shippers and carriers in operations in which food is delivered directly to customers; other locations the establishment or its affiliates operate that serve or sell food directly to consumers.
  • Businesses that transport molluscan shellfish that are certified and inspected under the requirements established by the Interstate Shellfish Sanitation Conference’s (ISSC) National Shellfish Sanitation Program (NSSP) and that transport the shellfish in vehicles permitted under ISSC authority.