Expanded FDA Guidelines Allow Seizure of Food Processed in Unsafe Conditions

By Mike Rozembajgier

The trend is clear. Over the past several years regulatory agencies such as the Consumer Protect Safety Commission (CPSC) and the Food and Drug Administration (FDA) have increased their oversight and authority to protect consumers. In yet another effort to flex its muscles and showcase its power, the FDA has passed two new rules that will further expand its regulatory oversight of the nation’s food supply.

Starting  in July the agency will have the authority to seize food that agents believe could have been processed in unsanitary or unsafe conditions and hold it for up to 30 days. The government-mandated seizure plan expands the FDA’s power, which previously required tangible, scientific evidence that the food was unsafe or presented a threat to consumers before it could be seized.

The FDA can also now require importers to declare whether their products have been denied entry to any other country. While these rules will have a direct impact on manufactures and producers, they also serve as a sign to the U.S. food community that the reforms of the past few years are far from over.

For those in the food processing and distribution business, these new regulations underscore the importance of transparency and good record-keeping. The public is now informed quickly of any agency seizure or other enforcement action, and companies must be even more careful about record keeping and information sharing. While records may be key to getting food products out of FDA custody, they will likely also be essential to show the agency that your processing conditions and importing history are safe and meet agency standards.

Be sure that your company conducts pre-event planning and develops blueprints for compliance now, even before tougher regulations go into effect. In the event of an FDA seizure, pre-established plans can help your company manage regulatory compliance issues and negative media attention. Transparency, good record-keeping, and careful logistical preparedness will help keep company from being caught flat-footed. Plan and comply now – before the FDA forces you to do so.

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