FDA Issues Last Minute Extensions to Sanitary Transport Rule

The FDA has issued waivers for three types of businesses as they relate to the now final Sanitary Transportation rule mandated by the FDA Food Safety Modernization Act (FSMA). When the Sanitary Transportation of Human and Animal Food rule was proposed, the US Food and Drug Administration said it intended to waive the rule’s requirements in certain cases in which they would not be needed to further protect foods from becoming unsafe.

The waivers are for businesses whose transportation operations are subject to separate State-Federal controls. They include:

  1. Businesses with permits under Interstate Milk Shippers, when shipping Grade A milk.
  2. Retail delivery (such as pizza delivery or home grocery delivery)
  3. Businesses certified under the Interstate Shellfish Sanitation Conference’s National Shellfish Sanitation Program (NSSP), when shipping molluscan shellfish.

These waivers were published after being described in the proposed and final Sanitary Transportation of Human and Animal Food rule. FDA considered comments on the waivers and found that the waivers would not result in the transportation of food under conditions that would be unsafe for human or animal health, or contrary to the public interest.

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