Welcome,

In the next few newsletters we will discuss the regulations covered in the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, which will apply to you, the food distributor and/or processor.  We will also cover the USDA HACCP recall requirements for those applicable distributors and processors in future newsletters.  Sincerely,

Paul Hernandez-Cuebas
Editor


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September 27, 2005
Volume 1 Issue 29        

Do you know the law?  Don’t let costs explode.

“The food security benefits of recordkeeping come from mitigating a terrorist attack on the food supply, and preventing unnecessary expense in the event of a hoax or a small terrorist event.  Investigations will be quicker because of better records.  Investigation speed may be crucial in the early period after a terrorist attack to more quickly determine the likely scope and scale of the contamination.  With quicker investigations, the government can act sooner to reduce the public health and other effects of a terrorist attack on the food supply.”

This is a quote describing the intent of FDA's law, New Food Bioterrorism Regulation: Establishment and Maintenance of Records.  We believe it is a critical subject that everyone needs to have a full understanding of all the details.  Also, there could be a tremendous negative effect on our cost structure when the law takes effect.

We will attempt to simplify the regulations, so you can understand its potential effect on your business.

We will break down this law into four parts.

  1. WHO?
  2. WHEN?
  3. WHAT FOOD?
  4. WHAT RECORDS?

WHO: 

For clarification there are record creators and record maintainers; generally speaking, (1) those who produce or process food must create and maintain records of the food, and (2) those that distribute the food must maintain the records that were already created for the food product.

(1) Those who produce or process food must create and maintain records of the food means the non-transporters (persons who own food or who hold, manufacture, process, pack, import, receive, or distribute food for purposes other than transportation) of food must establish and maintain records.

(2) Those that distribute the food must maintain the records that were already created for the food product means the persons who manufacture, process, pack, transport, distribute, receive, hold, or import are not required to establish or maintain records but must have records available.

WHEN:

The final rule is effective February 7, 2005.  Businesses must comply by the following dates:

Large Companies

December 9, 2005

Small Businesses (11-499 employees)

June 9, 2006

Very Small Businesses (10 or fewer employees)

December 11, 2006

Failure to establish and maintain records or make them available is a prohibited act subject to civil and criminal prosecution.

WHAT FOOD:

  • Dietary supplements and dietary ingredients

  • Infant formula

  • Beverages (including alcoholic beverages and bottled water)

  • Fruits and vegetables

  • Fish and seafood

  • Dairy products and shell eggs

  • Raw agricultural commodities for use as food or components of food

  • Canned and frozen foods

  • Bakery goods, snack food, and candy (including chewing gum)

  • Live food animals

  • Animal feeds and pet food

Next week we will discuss the fourth part of "WHAT RECORDS" need to be kept, and what options you have to store and retrieve the data.  

 

BE AWARE OF THE LAWS THAT CAN COST YOU YOUR BUSINESS!!!

 

 

 

 

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