Lund recommends adding two other forms to the standard transfer documentation, which traditionally consists of a bill of lading outlining the products, destination, and temperature. The first is a trailer inspection sheet. “FSMA says the loader and the driver—and the communication between them—is the key,” he says. The loader and driver can go through the checklist together, examining the chutes, drains, cleanliness, precooling, and any other factors that need to be recorded.
The second is a basic handling sheet, outlining and following best practices—which are not stipulated by FSMA. “The best practices for bananas differ from the best practices for watermelon,” Lund says. “You just need to put the best practices in writing and communicate them, and the best place to do that is at the dock.” The sheet, he says, should include information such as temperature, how many checks should be performed per day, how to identify problematic color changes, and other information, with full details clearly spelled out.
Recent fixes
The reliance on industry best practices has alleviated some of the challenges expected to arise as the rule was originally written. The initial version suggested that if produce arrived at a consignee with temperature variations but still perfectly safe, it would be rejected, putting the burden on the carrier to mitigate, according to Husk. The industry and FDA worked together on this challenge, so the parties involved can now get an inspector to see if there is danger or if the goods can be sold, rather than requiring destruction out of hand.
Lund cites another example: if a load needs to be unsealed en route for multiple drops, the handling sheet can note this information so the load won’t be rejected at subsequent stops. Originally, there was a fear that an unsealed container would require rejection and destruction, no matter the circumstances.
Rule #7
Intentional Adulteration
Primarily affects: Large produce-processing companies
Final rule effective date: July 26, 2016
Compliance deadline rollout: July 26, 2019
Requirements: Directs companies to have a prevention and mitigation strategy in place to combat breaches in the food safety system due to terrorism or other bad operators.
Exemptions or modified requirements: Businesses with less than $10 million in annual food sales and farms.
The Intentional Adulteration or “food defense” rule guards against acts meant to purposefully cause widespread harm through the U.S. food supply, with acts of sabotage, terrorism, counterfeiting, and the like. It is directed only at food companies with revenue over $10 million per year excluding growers (except dairy). Like other regulations in FSMA, it requires a plan, training, and adequate recordkeeping. The FDA plans to provide training and more guidance for this portion of the law, which has a longer lead time until the compliance date than other rules.
