On November 13, 2015, FDA published three major Food Safety Modernization Act ("FSMA") rules. These final rules require food importers and producers to undertake systemic safety measures designed to prevent outbreaks of foodborne illness. The three rules are:
- Foreign Supplier Verification Programs ("FSVP"). Requires importers to verify that food imported into the U.S. has been produced in a manner consistent with U.S. safety standards. Imported food accounts for about 19 percent of the U.S. food supply, including about 52 percent of fresh fruits and 22 percent of fresh vegetables.
- Accredited Third-Party Certification. Establishes a program for the accreditation of third-party certification bodies to conduct food safety audits and issue certifications of foreign food facilities and the foods they produce.
- Produce Safety. Establishes science-based standards that must be adopted by foreign and domestic farms growing, harvesting, packing, or holding fresh fruits and vegetables for human consumption.
These final rules build on the preventive controls rules the FDA published in September 2015 (see our previous Update), mandating modern preventive practices in food processing and storage facilities. For more information regarding these three rules, please see our recent Alert.
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