Situations Where The FSMA Rule Is Waived

Now you might be thinking, “Why would the FDA include waivers in the Food Safety Modernization Act (FSMA)?” Although it might sound contradictory, there really are certain instances where the checking and inspecting of food handling, producing, and transporting practices are no longer necessary.

In terms of the transportation of food based on the Sanitary Food a Transportation Act, the FSMA actually gives the FDA the privilege to no longer make checks to businesses if it is found to clearly not result in the unsafe handling of food products. The reason? Mainly because some transportation businesses already have a very transparent and streamlined system of checking how the transportation of food is being done.

As you will find out in a bit (and if you go over the FSMA yourself), there is a particular waiver that touches 2 kinds of food transportation enterprise. It is the intention of the FDA to enact these waivers way before the implementation date of the FSMA. Furthermore, it should be noted that the agency has also been getting requests to create waivers for businesses who deliver and receive shellfish, which already is being closely monitored by the National Shellfish Sanitation Program. The FDA’s response has been optimistic and they are still studying this request to determine how to go about it moving forward.

The waivers:

  • Those governed by the NCIMS
  • The National Conference on Interstate Milk Shipments, or NCIMS, is a governing body that monitors the transport of milk between states in America. It’s a highly recognized safety enforcing agency that provides permits to shipping agencies, transportation fleets, as well as receiving establishments that certify them as safe handlers of milk products. In particular, such permit pertains to the handling of “Grade A” milk products. A milk product is considered “Grade A” when it is determined to be produced under specific sanitation standards. Therefore, it would be redundant and a waste of valuable expense for the FDA, under the FSMA, to re-check the handling procedures of Grade A milk. Hence, the need for a waiver in regards to the handling of such products.
  • Those handling food already deemed safe by a recognized regulation agency.
  • There are some business in the food supply chain that are already being closely monitored by the FDA through various check and balance agencies like the RPF (Retail a Food Program) and other state or local enforcing bodies that are under the strict control of the FDA. Establishments and businesses who are already under the tight monitoring of these agencies include restaurants, markets, businesses that directly deliver food to homes.

To learn more about how National Fleet Tracking can help you with your FSMA compliance, call us at 855-438-4771!