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FSMA’s Potential Impact on Food Exports from Sri Lanka By Jeffrey Read, MSFS Center for Food Safety and Applied Nutrition Agenda • Food Safety Modernization Act (FSMA) Background; • Overview of FSMA mandates for imported food; • Rule Making Process; • Preventive Framework; • Proposed Rules on Preventive Controls & Foreign Supplier Verification; • Supplemental Rules – Open for Comments Until December 15, 2014; and • Questions and Answers 2 Food Safety Modernization Act • Signed into law by President Obama on January 4, 2011. • Focuses on preventing food safety problems rather vs. reacting to them. • Provides FDA new enforcement authorities to achieve higher rates of compliance with prevention- and risk-based food safety standards and to better respond to and contain problems when they do occur. • Gives new tools to hold imported foods to the same standards as domestic foods 3 Why is the law needed? Foodborne illness is a significant burden – About 48 million (1 in 6 Americans) get sick each year – 128,000 are hospitalized – 3,000 die Food supply more high-tech and complex – 15 percent of U.S. food supply is imported – More foods in the marketplace – New hazards in foods not previously seen 4 Main Themes of the Legislation Click to add text Prevention Inspections, Compliance, and Response Enhanced Partnerships Import Safety 5 Import Safety Mandates • Sec. 301. Foreign supplier verification program Based on comments received, rule has been re-opened for comments on specific portions of the rule. • Sec. 302. Voluntary qualified importer program No rule has been proposed at this time. • Sec. 303. Certification for high-risk food imports Comment period for rule closed in May 2014, FDA is reviewing the comments. 6 Import Safety Mandates • Sec. 304. Prior notice of imported food shipment Final rule published May 2011 • Sec. 305. Capacity building International Food Safety Capacity-Building Plan • Sec. 306. Inspection of foreign food facilities Ongoing • Sec. 201. Targeting of inspection resources Ongoing 7 Import Safety Mandates • Sec. 307. Accreditation of third-party auditors Rule proposed FDA considering comments. • Sec. 308. Foreign Offices of the Food and Drug Administration. • Sec. 309. Smuggled Food See FDA Strategy 8 The Rulemaking Process Step 1: FDA Proposes a Rule and Requests Comments Comment on rules at http://www.regulations.gov. Step 2: FDA Considers Your Comments and Issues a Final Rule This final rule is also published in the FR and FDA’s official docket on http://www.regulations.gov. Step 3: Companies Comply with the Rule Based on the “Effective Date” Additional Tools: FDA Issues Guidance Documents to Assist Industry 9 Rules Implement Preventive Framework Safety standards established by FDA – – – – – Standards for produce safety Preventive controls for human food Preventive controls for animal food Sanitary Transportation of Human and Animal Food Focused Mitigation Strategies to Protect Food Against Intentional Adulteration Industry must verify standards are met – Foreign supplier verification program – Accreditation of third-party auditors Additional rules and guidance coming 10 Proposed Rule Preventive Controls for Human Food Supplement now open for comments. 11 Preventive Controls for Human Food • Prevent problems that can cause foodborne illness • Domestic and foreign firms that manufacture, process, pack or hold human food. The rule describes some exempt facilities. • Written food safety plans that: a) identify hazards; b) specify the steps (preventative controls) that will be put in place to minimize or prevent those hazards; c) identify monitoring procedures; d) record monitoring results; and e) specify what actions will be taken to correct problems that arise. • Facilities would also need to comply with the updated Good Manufacturing Practices 12 Proposed Supplemental Rule Based on FDA’s outreach efforts and public comments, the FDA is proposing revisions to its proposed rule on preventive controls for human food that are more flexible and less burdensome in key areas. You can submit comments until December 15, 2014 : http://www.regulations.gov/#!submitComment;D=FDA-2011-N-0920-1553 13 Preventive Controls for Human Food Summary of Key Revisions 1. Farms that pack or hold food from other farms are not subject to the preventive controls rule 2. Definition of a very small business proposed at less than $1 million in sales 3. Withdrawal of qualified exemptions process further clarified 4. Product testing, environmental monitoring, supplier controls proposed 5. Economically motivated adulteration language proposed 14 Proposed Rule Foreign Supplier Verification Programs (FSVPs) Supplement now open for comments. 15 Foreign Supplier Verification Programs (FSVPs) • Importers would be required to develop, maintain, and follow an FSVP for each food imported, unless an exemption applies. • The requirements vary based on: – Type of food product – Category of importer, such as very small – Nature of the hazard identified in the food – Who is to control the hazard 16 FSVP Requirements In general, importers would need to conduct the following activities as part of their FSVPs: – – – – – – Hazard analysis Supplier verification activities Corrective actions (if necessary) Periodic reassessment of the FSVP Importer identification at entry Recordkeeping 17 Proposed Supplemental Rule Based on FDA outreach efforts and public comments, the FDA is proposing revisions to its proposed rule on foreign supplier verification programs intended to provide more flexibility in determining appropriate verification measures based on food and supplier risks. You can submit comments until December 15, 2014 : http://www.regulations.gov/#!submitComment;D=FDA-2011-N-0143-0247 18 FSVP Supplement Summary of Key Revisions 1. Hazard analysis 2. Supplier verification 3. Consistency with other proposed FSMA rules 19 For More Information Web site: http://www.fda.gov/fsma • Sign-up for FSMA E-mail updates. • Send questions to [email protected] 20 Thank You! - Questions? Please Contact FDA/OIP’s Asia-Pacific Office at [email protected]