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FDA Issues Interim Final Rule on Administrative Detention of Food and Feed Products

Constituent Update

May 4, 2011

The U.S. Food and Drug Administration (FDA) today issued an interim final rule that will allow the agency to detain on its own administrative authority food and feed products it believes are adulterated or misbranded. Previously, FDA’s ability to administratively detain food products for humans or animals applied only when the agency had credible evidence that the food or feed presented a threat of serious adverse health consequences or death to humans or animals.

This interim final rule is authorized by the FDA Food Safety Modernization Act (FSMA), which was signed into law by President Obama in January 2011. The new rule will take effect July 3, 2011.

With this expanded administrative detention authority, FDA will be able to detain food and feed products that it has reason to believe are adulterated or misbranded for up to 30 days, if needed, to ensure they are kept out of the marketplace while the agency determines whether an enforcement action may be required, such as seizure of products or federal injunction against a firm.

Comments about this rule may be submitted to the docket cited in the rule itself.

For more information:

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