Guest Column | July 28, 2016

FSMA's Sanitary Transportation Rule: Compliance Guidelines And Avoiding Criminal Liability

FSMA’s Sanitary Transportation Rule: Compliance Guidelines And Avoiding Criminal Liability

By Ryan M. Gembala, Attorney, O'Toole, McLaughlin, Dooley, and Pecora

FSMA has ushered in new rules governing virtually all aspects of food handling. While we may be aware of the rules for safe handling in our fields and processing facilities, what about the rules for safely handling food in in our trucks?  There are new rules governing the safe transportation of food and, like other FSMA rules, ignorance of the rules is no excuse. What you don’t know can hurt you, in the form of criminal penalties.

The FDA’s Sanitary Transportation of Human and Animal Food Rule is designed to keep food safe from contamination during transport. So, who is subject to this Rule?  If your business includes shipping, loading, receiving, or carrying food by motor or rail vehicle, you are. If you transport exclusively by ship or air, you are excluded. Similarly excluded are those shipping food between Canada and Mexico, so long as none of the food is distributed in the U.S.

Since most of us are subject to the Rule, what does it require?  In essence, the Rule mandates a top-down approach to sanitary transportation, with documentation and oversight at all levels. The Rule governs four specific components of transportation: (1) vehicles and equipment; (2) transportation operations; (3) training; and (4) recordkeeping. Compliance with each component is a must to avoid a federal investigation and possible criminal penalties.

VIEW THE GUEST COLUMN!
Signing up provides unlimited access to:
Signing up provides unlimited access to:
  • Trend and Leadership Articles
  • Case Studies
  • Extensive Product Database
  • Premium Content
HELLO. PLEASE LOG IN. X

Not yet a member of Food Online? Register today.

ACCOUNT SIGN UP X
Please fill in your account details
Login Information
I'm interested in newsletter subscriptions.
ACCOUNT SIGN UP

Subscriptions

Sign up for the newsletter that brings you the industry's latest news, technologies, trends and products.

You might also want to: