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The Sanitary Transportation Rule

Putting it into practice
Trading Assistance

First, before loading product that is not in a completely enclosed container, the loader must determine, in light of the specifications provided by the shipper, that the conveyance is in “appropriate sanitary condition for the transport of food.” For example, “it is in adequate physical condition, and free of visible evidence of pest infestation and previous cargo that could cause the food to become unsafe during transportation.”

Second, before loading product that requires temperature control for safety (e.g., fresh-cut produce), the Rule requires loaders to verify (again, in light of the shipper’s specifications) that the conveyance is adequately prepared (e.g., pre-cooled) for the transportation of the produce in question.

Although in some cases it may be unclear if a certain food item is in a “completely enclosed container” or whether temperature control is needed for safety, given that the requirements of the Rule are generally consistent with best practices used by produce professionals for marketability (e.g., prevention of spoilage) and food safety, one approach—as stated above—would be to apply Rule-compliant practices to all food shipments and know you are covered in any event.

What to Do If…You’re a Receiver of Fresh Produce
The receiver-specific portion of the Rule, Section 1.908(d), is stated in a single paragraph—

Upon receipt of food that requires temperature control for safety under the conditions of shipment, the receiver must take steps to adequately assess that the food was not subjected to significant temperature abuse, such as determining the food’s temperature, the ambient temperature of the vehicle and its temperature setting, and conducting a sensory inspection, e.g., for off-odors.

This provision is a good example of a practice that produce professionals are already implementing (for both marketability and food safety reasons), but is now required by law. This receiver-specific provision should be read in conjunction with Section 1.908(a)(6) requiring appropriate steps be taken by any party that becomes aware of a possible material failure of temperature control or other conditions that may make the food in question unsafe.

The phrase “significant temperature abuse” suggests the FDA recognizes that some temperature variances do not threaten food safety, and is consistent with other sections of the Rule where qualified produce professionals are expected to make food safety determinations based on the relevant circumstances.

What to Do If…You’re a Carrier of Fresh Produce
The carrier-specific sections of this Rule are Sections 1.908(e) and 1.910(a-b). Section 1.908(e) concerns operational requirements, while Section 1.910 concerns a carrier’s training requirements, which can be satisfied by having its personnel take an hour-long online course developed by the FDA (found at https://collaboration.fda.gov/sanitary_transportation_carrier_training/)

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