Animal & Veterinary

Food Safety Modernization Act and Animal Feed

The Food Safety Modernization Act (FSMA), the most sweeping reform of our food safety laws in more than 70 years, was signed into law by President Obama on January 4, 2011. FSMA aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination of the food supply to preventing it. The law applies to human food as well as to food for animals, including pets. FDA’s FSMA page contains complete information about the implementation of the law, and the intent of this page is to highlight the FSMA content that will be of most interest to manufacturers and distributors of animal food. Please go to the Safe Feed page for additional, specific information about the regulation of animal feed.


What's New

December 23, 2016 - FDA Releases revised draft guidance for industry entitled “Questions and Answers Regarding Food Facility Registration (Seventh Edition): Guidance for Industry.”

The U.S. Food and Drug Administration is announcing today the availability of a draft guidance for industry entitled “Questions and Answers Regarding Food Facility Registration (Seventh Edition): Guidance for Industry.” The revised draft guidance contains 17 sections of a multi-section guidance intended to provide updated information and answer frequently asked questions regarding FDA registration requirements. The 2016 Food Facility Registration biennial renewal period began on October 1 and will end on December 31, 2016. Food facilities that manufacture/process, pack or hold food for consumption in the United States are required to register with the FDA.

This revised draft guidance supersedes the version of the food facility registration draft guidance that we announced on November 8, 2016. The revised draft guidance now includes ‘Who is Exempt from Registration?’ and ‘Definitions,’ from the draft guidance. Also, this revised draft guidance includes an additional question and answer related to mobile facilities in the Section titled ‘What Information is Required in the Registration?’ When finalized, this guidance is intended to provide updated information relating to the food facility registration requirements in the Federal Food, Drug, and Cosmetic Act (the FD&C Act).

Although you can comment on any guidance at any time, to ensure that we consider your comment on the draft guidance before we begin work on the final version of the guidance, submit either electronic or written comments on the draft guidance by March 27, 2017.

December 13, 2016 - FDA Finalizes FSMA Third-Party Certification User Fee Program

The final rule issued today, “Amendments to Accreditation of Third-Party Certification Bodies to Conduct Food Safety Audits and to Issue Certifications to Provide for the User Fee Program.” provides for a reimbursement, or user-fee, program to assess fees and require reimbursement for the work the agency performs to establish and administer the third-party certification program.

December 6, 2016 - FDA Issues Guidance for Industry about Model Accreditation Standards for Third-Party Certification Bodies

The U.S. Food and Drug Administration today issued a guidance for industry entitled, “Third-Party Certification Body Accreditation for Food Safety Audits: Model Accreditation Standards.” The final guidance contains FDA recommendations on third-party certification body qualifications for accreditation to conduct food safety audits and to issue food and/or facility certifications under the voluntary third-party certification program established under the FDA Food Safety Modernization Act (FSMA). The FDA issued a draft version of this guidance in July 2015.


Overview of FSMA
Fees
Imports
Inspection & Compliance
Preventative Standards
Progress Reports
Small Business


Overview of FSMA

The major elements of the law can be divided into five key areas:

  • Preventive controls - For the first time, FDA has a legislative mandate to require comprehensive, prevention-based controls across the food supply.
  • Inspection and Compliance - The legislation recognizes that inspection is an important means of holding industry accountable for its responsibility to produce safe food; thus, the law specifies how often FDA should inspect food producers. FDA is committed to applying its inspection resources in a risk-based manner and adopting innovative inspection approaches.
  • Imported Food Safety - FDA has new tools to ensure that those imported foods meet US standards and are safe for our consumers. For example, for the first time, importers must verify that their foreign suppliers have adequate preventive controls in place to ensure safety, and FDA will be able to accredit qualified third party auditors to certify that foreign food facilities are complying with U.S. food safety standards.
  • Response - For the first time, FDA will have mandatory recall authority for all food products. FDA expects that it will only need to invoke this authority infrequently since the food industry largely honors our requests for voluntary recalls.
  • Enhanced Partnerships - The legislation recognizes the importance of strengthening existing collaboration among all food safety agencies—U.S. federal, state, local, territorial, tribal and foreign--to achieve our public health goals. For example, it directs FDA to improve training of state, local, territorial and tribal food safety officials. 

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Fees

Although FSMA does not require a registration fee to be paid by registered facilities and there is no fee for an initial FDA inspection, FSMA authorizes FDA to assess and collect fees related to certain domestic food facility, foreign food facility, and importer reinspections. The fee for reinspection is to cover reinspection-related costs when an initial inspection has identified certain food safety problems.

These fees affect only those parties in the food and feed industry whose non-compliance results in the following activities:

  • Facility reinspections – follow-up inspections conducted by FDA subsequent to a previous facility inspection that identified noncompliance materially related to a food safety requirement of the Federal Food, Drug, and Cosmetic Act (the Act). The reinspection must be conducted specifically to determine that compliance has been achieved.

  • Recalls – food recall activities performed by FDA that are associated with a recall order with which a responsible party has not complied.

  • Importer reinspections - follow-up inspections of a food offered for import conducted by FDA subsequent to a previous inspection that identified noncompliance materially related to a food safety requirement of the Act. The reinspection must be conducted specifically to determine that compliance has been achieved. As discussed in F.2.2., these fees will not be assessed until the agency has resolved issues associated with these fees and the public has been notified by the agency. 

See the Assessment of Reinspection and Recall Fees by the FDA for more information.

FDA announced in a Federal Register notice the fiscal year 2017 (October 1, 2016 through September 30, 2017) fee schedule.

As stated in FDA’s September 2011 Guidance for Industry: Implementation of the Fee Provisions of Section 107 of the FDA Food Safety Modernization Act, because FDA recognizes that for some small businesses the full cost recovery of FDA reinspection or recall oversight could impose severe economic hardship, FDA intends to consider reducing certain fees for those firms.  FDA is currently developing a guidance document to outline the process through which firms may request such a reduction of fees. FDA does not intend to issue invoices for reinspection or recall order fees until this guidance document has been published. 

For facility reinspection fees, FDA will invoice the responsible party for each domestic facility and the United States Agent for each foreign facility for the direct hours, including travel, spent to perform the reinspection at the appropriate hourly rate. For recall order fees, FDA will invoice the responsible party for each domestic facility or an importer who does not comply with a recall order under sections 423 or 412 of the Act for the hours spent to cover food recall activities associated with such order. For importer reinspection fees, FDA will invoice the importer for the direct hours spent to perform the reinspection including travel. Detailed payment information will be included in the invoice.

More about Fees

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Imports

The following are among FDA’s key new import authorities and mandates. FDA is extending the comment period on the Foreign Supplier Verification Programs for Importers of Food for Humans and Animals and the Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications proposed rules until January 27, 2014. Specific implementation dates specified in the law are noted in parentheses:

  • Importer accountability: For the first time, importers have an explicit responsibility to verify that their foreign suppliers have adequate preventive controls in place to ensure that the food they produce is safe. (Final regulation and guidance due 1 year following enactment)
  • Third Party Certification: The FSMA establishes a program through which qualified third parties can certify that foreign food facilities comply with U.S. food safety standards. This certification may be used to facilitate the entry of imports. (Establishment of a system for FDA to recognize accreditation bodies is due 2 years after enactment)
  • Certification for high risk foods: FDA has the authority to require that high-risk imported foods be accompanied by a credible third party certification or other assurance of compliance as a condition of entry into the U.S.
  • Voluntary qualified importer program: FDA must establish a voluntary program for importers that provides for expedited review and entry of foods from participating importers. Eligibility is limited to, among other things, importers offering food from certified facilities. (Implementation due 18 months after enactment)
    • FDA issued a final guidance for industry for a voluntary, fee-based program to allow the expedited review and importation of foods into the United States from importers with a proven track record of food safety and security. The final guidance is in question-and-answer format to explain how this program will work.
    • The Voluntary Qualified Importer Program (VQIP) will benefit both industry and consumers. Expedited entry provides importers an incentive to adopt a robust system of supply chain management and will allow FDA to focus its resources on examining and sampling food imports that are more likely to present a potential risk to public health.
  • Authority to deny entry: FDA can refuse entry into the U.S. of food from a foreign facility if FDA is denied access by the facility or the country in which the facility is located. 
  • Supplier Evaluation Resources

Draft Guidance for Industry: Prior Notice of Imported Foods Questions and Answers (Edition 3)

Draft Guidance for Industry: FDA's Voluntary Qualified Importer Program

More about Imports

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Inspection & Compliance

FSMA provides FDA with important new tools for inspection and compliance. Specific implementation dates specified in the law are noted in parentheses:

  • Mandated inspection frequency: The FSMA establishes a mandated inspection frequency, based on risk, for food facilities and requires the frequency of inspection to increase immediately. All high-risk domestic facilities must be inspected within five years of enactment and no less than every three years thereafter. Within one year of enactment, the law directs FDA to inspect at least 600 foreign facilities and double those inspections every year for the next five years.
  • Records access: FDA will have access to records, including industry food safety plans and the records firms will be required to keep documenting implementation of their plans. 
  • Testing by accredited laboratories: The FSMA requires certain food testing to be carried out by accredited laboratories and directs FDA to establish a program for laboratory accreditation to ensure that U.S. food testing laboratories meet high-quality standards. (Establishment of accreditation program due 2 years after enactment)

Administrative Detention

The changes made by FSMA to the criteria for administrative detention in the FD&C Act further strengthened FDA’s ability to prevent potentially unsafe food from entering commerce. Under the new criteria, FDA can order an administrative detention if the agency has reason to believe that an article of food is adulterated or misbranded. Prior to FSMA, FDA could order an administrative detention if it had credible evidence or information that the food presented a threat of serious adverse health consequences or death to humans or animals.

Guidance for Industry: What You Need to Know About Administrative Detention of Foods; Small Entity Compliance Guide

Criteria Used to Order Administrative Detention of Food for Human or Animal Consumption; Final Rule

More about Inspection & Compliance

Product Tracing

Pilot Projects for Improving Product Tracing along the Food Supply System - Final Report (pdf - 334 pages)

Draft Methodological Approach to Identifying High-Risk Foods under Section 204(d)(2) of the FSMA

More about Product Tracing

Registration

Guidance on Food Facility Registration

Guidance for FDA Staff: Draft Compliance Guide Section 100.250 Food Facility Registration - Human and Animal Food (pdf - 9 pages)

Amendments to Registration of Food Facilities

Guidance for Industry: Necessity of the Use of Food Product Categories in Food Facility Registrations and Updates to Food Product Categories

More about Registration

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Preventative Standards

For the first time, FDA will have a legislative mandate to require comprehensive, science-based preventive controls across the food supply, including mandatory preventive controls for food facilities. Food facilities are required to implement a written preventive controls plan. This involves: (1) evaluating the hazards that could affect food safety, (2) specifying what preventive steps, or controls, will be put in place to significantly minimize or prevent the hazards, (3) specifying how the facility will monitor these controls to ensure they are working, (4) maintaining routine records of the monitoring, and (5) specifying what actions the facility will take to correct problems that arise.

FDA is expressly authorized to modify the preventive controls requirements for facilities that are solely engaged in the production of animal foods or to exempt those facilities entirely from the preventive controls requirements.

FSMA Final Rule for Preventive Controls for Animal Food

Draft Guidance for Industry: Current Good Manufacturing Practice Requirements for Food for Animals

Draft Guidance for Industry: Human Food By-Products for Use as Animal Food

Final Qualitative Risk Assessment - Risk of Activity/Animal Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm (pdf - 68 pages)

Draft Qualitative Risk Assessment - Risk of Activity/Animal Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm (pdf - 67 pages)

External Peer Review of the FDA/CVM Draft Qualitative Risk Assessment: Risk of Activity/Animal Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm (pdf - 45 pages)

Final  Rule on Sanitary Transportation of Human and Animal Food

Questions and Answers for Brewers/Distillers on the FSMA Proposed Rule for Preventive Controls for Animal Food

Draft Guidance for Industry: Qualified Facility Attestation Using Form FDA 3942a (for Human Food) or Form FDA 3942b (for Animal Food)

Draft Instructions for Submitting Your Attestation: Qualified Facility Attestation Using Form FDA 3942a (for Human Food) or Form FDA 3942b (for Animal Food)

More about Preventative Standards

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Small Business

The FDA Food Safety Modernization Act (FSMA) recognizes the role of small businesses in the food industry and provides for various ways to assist small businesses in meeting the new food safety requirements of the law. Specifically for several key provisions, the law mandates “plain language” guidance documents and phased-in effective dates. These include:

More about Small Business

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Page Last Updated: 12/23/2016
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