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Response to Letter from Snack Food Association Concerning FDA's Plans Regarding the Preventive Controls and Foreign Supplier Verification Provisions in Sections 103 and 301 of the Food Safety Modernization Act (FSMA)


Public Health Service

Food and Drug Administration
Silver Spring, MD 20993 

June 18, 2012

James A. McCarthy
President and CEO
Snack Food Association
1600 Wilson Blvd., Suite 650
Arlington, VA 22209

Dear Mr. McCarthy,

This responds to your letter of May 29, 2012, concerning FDA's plans regarding the preventive controls and foreign supplier verification provisions in sections 103 and 301 of the Food Safety Modernization Act (FSMA). Your letter was prompted by the approaching statutory effective date of July 3, 2012, for the preventive controls provision.

FDA is committed to full and timely implementation of FSMA and will be issuing proposed rules to implement sections 103 and 301. Those rules, when final, will contain provisions that clarify industry's responsibilities and will foster compliance with FSMA' s new requirements in an orderly and effective manner. FDA will expect to enforce compliance with these new FSMA requirements in timeframes that will be described in the final rules.

Other food safety provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and its implementing regulations for human and animal food continue in effect. If we find a food that poses a public health risk to humans or animals, or if an inspection reveals a facility operating under insanitary conditions or otherwise failing to operate safely, we will continue to take action as appropriate under the FD&C Act. 



Michael R. Taylor
Deputy Commissioner for Foods


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