Food Defense

Who does the Food Safety Modernization Act affect?

March 22, 2024 | 3 Min Read

FSMA rules only apply to foods regulated by the FDA. Granted, this is a significant chunk of the U.S. food supply, about 75%. The other 25% is regulated by other agencies, such as the United States Department of Agriculture (USDA), which oversees meat, poultry, and many dairy products. So, if you manufacture meat, poultry or dairy products regulated by the USDA or another agency, then the FSMA does not apply to you.

What is covered by the FSMA are commercial farms, packing operations, and food processing facilities. Basically, if you have to register with the FDA as a food manufacturing facility, then the odds are extremely high that you need to comply with the FSMA. That being said, there are some exemptions made for facilities that don’t fit the FDA’s definitions for these categories or that don’t meet certain thresholds for sales and ownership percentages; check the FSMA if you’re not sure whether or not you qualify.

But not everyone who grows or processes products overseen by the FDA is automatically affected by the FSMA. Home gardeners and food preservers aren’t covered by the law, and neither are direct-to-consumer sales at restaurants, retail food establishments, farmers markets, and so on. These sales may be covered by state and/or local laws, however. To learn about non-federal laws that may impact your food business, start by consulting the Association of Food and Drug Officials’ Directory of State and Local Officials.

Please note that if your business already has a Hazard Analysis and Critical Control Points (HACCP) plan in place, the FSMA applies to you as well. Your HACCP plan will need to be updated and enhanced in order to be fully compliant with the FSMA. HACCP are management systems tailored to the manufacturing of specific food products, such as juice and seafood.

Ensuring that your traceability actions are proactive, not reactive, is critical to securing the movement of food materials in the supply chain. To effectively implement both of these requirements, you must have a dynamic system in place to ensure that the bulk ingredients unloaded at your facility were not adulterated in transit. The FDA is clear in FD.4 that it is the food production facility, not the carrier, that must take mitigation steps necessary to protect the cargo during transit.

Surelock Seals provides that system. We are your Out of The Box solution for food traceability and security, offering both handheld and stationary RFID reader options to fit your budget. Our RFID seals are attached to the trailer hatches after the bulk ingredient is loaded, and if tampered with in transit, they will be permanently destroyed, informing you of possible adulteration.

If you have questions regarding food traceability or the FSMA, check out this previous article on those topics.

Related Posts

© Copyright 2024 Surelock Seals | Site by Little Bird Marketing