FSMA Exemptions and Requirements for Sanitary Food Transport

Food haulers, take note: the FDA’s proposed Food Safety Modernization Act (FSMA) rule on sanitary transportation of human and animal food is now final.

The rule advances the effort to protect foods from farm to table by keeping them safe from contamination during transportation. The goal is to prevent food safety risks during transportation, such as failure to properly refrigerate food, inadequate cleaning of vehicles between loads and failure to properly protect food.

The FSMA rule establishes new requirements in these four areas:

• Vehicles and transportation equipment
  The design and maintenance of vehicles and transportation equipment must ensure that they do not cause transported foods to become unsafe. They must be suitable and adequately cleanable for their intended use and capable of maintaining temperatures necessary for the safe transport of food.
  
  
• Transportation operations
  This includes the measures taken during transportation to ensure food safety, i.e., adequate temperature controls to prevent contamination of ready-to-eat food from touching raw food. This also includes the protection of food from contamination by non-food items in the same load or previous load, and protection of food from cross-contact, i.e., the unintentional incorporation of a food allergen.
  
  
• Training
  Training is required when the carrier and shipper agree that the carrier is responsible for sanitary conditions during transport. This includes the training of carrier personnel in sanitary transportation practices and documentation of the training.
  
  
• Records
  This includes the maintenance of records of written procedures, agreements and training required of carriers.

The rule primarily applies to shippers, receivers, loaders and carriers who transport food throughout the United States by motor or rail vehicle, whether or not the food is affiliated with interstate commerce. It also applies to shippers in other countries who ship food to the United States directly by motor vehicle, rail vehicle, ship or air, and arrange for the transfer of the intact container onto motor or rail vehicle for transportation within the U.S. to be consumed or distributed. It will be enforced by FDA authorities.