• Login
    • Join
  • FOLLOW:
  • Subscribe Free
    • Magazine
    • eNewsletter
    Checkout
    • Magazine
    • News
    • Exclusives
    • Nutraceuticals
    • Markets
    • Health
    • Jobs
    • Events
    • Buyers' Guide
    • Showcases
    • More
  • Magazine
  • News
  • Exclusives
  • Nutraceuticals
  • Markets
  • Health
  • Jobs
  • Events
  • Buyers' Guide
  • Showcases
  • Current & Past Issues
    Features
    Columns
    Editorials
    Digital Edition
    Subscribe Now
    Advertise Now
    eNewsletter
    Editorial Guidelines
    Top Features
    Contract Manufacturing: Trials & Tribulations of Today’s Supply Chains

    Analytical Testing in Nutraceuticals: Methods and Mindsets to Uphold Quality

    Nutrition and Flavor: Formulating for Modern Product Preferences

    What Do Consumers Know About the Gut Microbiome?

    How Will the European Green Deal Impact Dietary Supplements?
    Breaking News
    Certifications, Approvals and Patents
    Exclusives
    Industry & Market News
    People
    Products
    Regulatory
    Research
    Supplier News
    Supplier Insights
    Live From Shows
    Top News
    IFIC 2022 Food & Health Survey Highlights Eating Behavior Trends

    Icon Foods Appoints Operations and Marketing Leaders

    Annatto Tocotrienol Shown to Improve Weight Loss and Inflammation Markers in Patients with NAFLD

    GC Rieber VivoMega Continues to Find Operational Efficiencies, Minimize Environmental Impact

    Vitamin A Deficiency: 53% of Primary School Children in Rural Malaysia Found to be Malnourished
    Exclusives
    Blogs & Guest Articles
    Health E-Insights
    Area Code 420
    eBook
    Antioxidants
    Dairy-Based Ingredients
    Enzymes
    Fatty Acids
    Fiber & Carbohydrates
    Green Foods
    Herbs & Botanicals
    Marine Nutraceuticals
    Minerals
    Omega 3s
    Probiotics & Prebiotics
    Proteins, Peptides, Amino Acids
    Sweeteners
    Vitamins

    Icon Foods Appoints Operations and Marketing Leaders

    Annatto Tocotrienol Shown to Improve Weight Loss and Inflammation Markers in Patients with NAFLD

    GC Rieber VivoMega Continues to Find Operational Efficiencies, Minimize Environmental Impact

    Vitamin A Deficiency: 53% of Primary School Children in Rural Malaysia Found to be Malnourished

    PLT to Supply Traceable, Standardized Organic Elderberry Extract
    Consumer Trends
    Contract Manufacturing
    Cosmeceuticals / Nutricosmetics
    Delivery & Dosage Technologies
    Dietary Supplements
    Flavors & Colors
    Functional Foods & Beverages
    Healthcare Trends
    Medical Nutrition
    Mergers & Acquisitions
    Natural/Organic
    Nutrition Bars
    Packaging
    Pet Nutraceuticals
    Quality & Safety
    Regulations
    Research
    Testing
    World Markets

    IFIC 2022 Food & Health Survey Highlights Eating Behavior Trends

    Icon Foods Appoints Operations and Marketing Leaders

    Annatto Tocotrienol Shown to Improve Weight Loss and Inflammation Markers in Patients with NAFLD

    Vitamin A Deficiency: 53% of Primary School Children in Rural Malaysia Found to be Malnourished

    PLT to Supply Traceable, Standardized Organic Elderberry Extract
    Bone & Joint Health
    Cancer Risk
    Cardiovascular Health
    Cognitive Function
    Diabetes & Blood Sugar Management
    Digestive Health
    Energy
    Eye Health
    Healthy Aging
    Immune Function
    Infant & Children's Health
    Inflammation
    Men's Health
    Mood Health & Sleep
    Oral Health
    Sexual & Reproductive Health
    Skin Health
    Sports Nutrition
    Weight Management/Weight Loss
    Women's Health

    Annatto Tocotrienol Shown to Improve Weight Loss and Inflammation Markers in Patients with NAFLD

    Vitamin A Deficiency: 53% of Primary School Children in Rural Malaysia Found to be Malnourished

    PLT to Supply Traceable, Standardized Organic Elderberry Extract

    Vitamin K2 May Ameliorate Polycystic Ovary Syndrome

    Vitamin D May Prevent Changes to Liver Enzymes and Lipid Profile After Exhaustive Exercise
    Industry Events
    Live From Show Events
    Webinars
    All Companies
    Categories
    Trade Associations
    Company Capabilities
    International Buyers Guide Companies
    BGG World

    JRS Pharma

    Gencor

    Botanic Healthcare LLC

    Sabinsa Corporation
    Companies
    Product Releases
    News Releases
    Literature / Brochures
    White Papers
    Jobs
    VIdeos
    Services
    Add New Company
    International Buyers Guide Companies
    BGG World

    JRS Pharma

    Gencor

    Botanic Healthcare LLC

    Sabinsa Corporation
    • Magazine
      • Current / Back Issue
      • Features
      • Editorial
      • Columns
      • Digital Edition
      • eNewsletter Archive
      • Editorial Guidelines
      • Subscribe Now
      • Advertise Now
    • Breaking News
    • Buyers' Guide
      • All Companies
      • Categories
      • Trade Associations
      • Company Capabilities
    • Nutraceuticals
      • Antioxidants
      • Dairy-Based Ingredients
      • Enzymes
      • Fatty Acids
      • Fiber & Carbohydrates
      • Green Foods
      • Herbs & Botanicals
      • Marine Nutraceuticals
      • Minerals
      • Omega 3s
      • Probiotics & Prebiotics
      • Proteins, Peptides, Amino Acids
      • Sweeteners
      • Vitamins
    • Markets
      • Consumer Trends
      • Contract Manufacturing
      • Cosmeceuticals / Nutricosmetics
      • Delivery & Dosage Technologies
      • Dietary Supplements
      • Flavors & Colors
      • Functional Foods & Beverages
      • Healthcare Trends
      • Medical Nutrition
      • Mergers & Acquisitions
      • Natural/Organic
      • Nutrition Bars
      • Packaging
      • Pet Nutraceuticals
      • Quality & Safety
      • Regulations
      • Research
      • Testing
      • World Markets
    • Health
      • Bone & Joint Health
      • Cancer Risk
      • Cardiovascular Health
      • Cognitive Function
      • Diabetes & Blood Sugar Management
      • Digestive Health
      • Energy
      • Eye Health
      • Healthy Aging
      • Immune Function
      • Infant & Children's Health
      • Inflammation
      • Men's Health
      • Mood Health & Sleep
      • Oral Health
      • Sexual & Reproductive Health
      • Skin Health
      • Sports Nutrition
      • Weight Management/Weight Loss
      • Women's Health
    • Online Exclusives
    • Webinars
    • Slideshows
    • Blogs & Guest Articles
    • Health E-Insights
    • Videos
    • Podcasts
    • Infographics
    • eBook
    • Whitepapers
    • Research
      • TrendSense
      • Monograph Center
      • White Papers
      • Research News
    • Jobs
    • Events
      • Industry Events
      • Live From Show Events
      • Webinars
    • Supplier Showcases
      • Companies
      • Product Releases
      • News Releases
      • Literature / Brochures
      • White Papers
      • Jobs
      • VIdeos
      • Services
    • About Us
      • About Us
      • Contact Us
      • Advertise With Us
      • Privacy Policy
      • Terms of Use
    Features

    FDA’s New Rule on Sanitary Transport of Food

    The new rule seeks to limit the risk of food contamination during transport.

    FDA’s New Rule on Sanitary Transport of Food
    Related CONTENT
    • BASF Venture Capital and Aqua-Spark invest in Sea6 Energy
    • Lauren Aronson Joins Amin Talati Wasserman, LLP
    • Omega-3 Fatty Acids Linked to Reduced Episodes of Depression
    • Fact or Myth: Antioxidants Negatively Impact Iron Absorption
    • ADM and Benson Hill Partner to Scale High Protein Soy for U.S. Market
    Matthew Kaplan & Ronie Schmelz, Tucker Ellis LLP09.08.16
    The U.S. FDA recently published a new final rule on the Sanitary Transportation of Human and Animal Food, which is designed to meet the agency’s objective of protecting the U.S. food system by limiting the risk of food contamination during transport. The rule governs “any movement of food in commerce by motor vehicle or rail vehicle” and includes “all activities associated with food transportation that may affect the sanitary condition of food including cleaning, inspection, maintenance, loading and unloading, and operation of vehicles and transportation equipment.”

    The rule went into effect on June 6, 2016 and requires businesses, other than small businesses, to comply with the rule’s requirements by April 6, 2017; small businesses (those with fewer than 500 employees and less than $27.5 million in receipts) must comply by April 6, 2018. Companies involved in any stage of food transportation within the U.S. are well advised to study the rule. Highlights are provided here. 

    Companies Subject to the Rule & Their Responsibilities
    Subject to the exemptions noted below, the rule applies to the following entities:
    • Shippers, defined to include any person who arranges for transportation of food, including brokers and intra-company shipments, are primarily responsible for ensuring that food is safe during transport. Shippers can assign their responsibility to other companies subject to the rule via written agreement that specifies the particular criteria that must be met to ensure safe food transport.
    • Carrier (except parcel delivery services) responsibility under the rule is defined by the agreement with the shipper. Once a carrier assumes responsibility for ensuring sanitary conditions for a food shipment, it must have in place appropriate operating and training procedures and retain related records. 
    • Loaders, those who physically loadfood onto rail or motor vehicles for transport in commerce, are responsible for determining, prior to loading food for transport, that the vehicle is in appropriate sanitary condition consistent with the shipper’s requirements and that it meets any temperature requirements.
    • Receivers of food after transportation, whether or not they represent the final point of receipt for the food, must assess whether the food was subjected to significant temperature abuse that rendered the food unsafe. Receivers do not include consumers or people who hold food on behalf of consumers and who are not also a party to the transaction and not in the business of distributing food.  
    Companies involved in the transportation of food for export are also subject to the rule (until the shipment meets a port or U.S. border), as are shippers that ship food directly into the U.S. by motor, rail, ship or air and arrange for the transfer of the intact container onto a rail or motor vehicle for transport within the U.S.

    The Sanitary Transport Rule does not apply to 1) shippers, receivers and carriers that have less than $500,000 in average annual revenue, 2) farm-related transportation activities, 3) transportation of food that is transshipped through the U.S. to another country, and 4) food imported for future export that is neither consumed nor distributed in the U.S.

    The rule states that if any person subject to the rule becomes aware of a condition that may render food unsafe, that person must take action to ensure that the food is not sold or distributed until a qualified individual has made a determination that the food is safe.

    Food Covered by the Rule
    The Sanitary Transport Rule applies to the full scope of foods regulated by the Federal Food, Drug, and Cosmetics Act (the FD&C Act), including pet food, food additives and dietary supplements. Exemptions include: 1) food that is completely enclosed by a container, unless refrigeration is needed for safety, 2) packaged alcoholic beverage products, 3) frozen food, 4) compressed food gases, 5) food contact substances (i.e., packaging), 6) human food byproducts transported for use as animal food without further processing, and 7) live food animals, except molluscan shellfish.

    The rule also does not apply to Grade A milk under the National Conference on Interstate Milk Shipments program and permitted food establishments, such as restaurants, supermarkets, and home grocery delivery operations.

    Key Requirements
    The rule establishes the following requirements:
    • Vehicles and transportation equipment must be adequately designed and maintained to ensure they do not cause food to become unsafe. Trucks, containers and other equipment must be: adequately cleaned to protect against allergen cross-contact and contamination between loads; able to properly manage temperature for shipments requiring temperature control; and stored in a manner to prevent contamination by pests or other materials.
    • Transportation operations must ensure food safety, such as by providing adequate temperature controls and load segregation, preventing contamination of ready-to-eat food, protecting against contamination by non-food items in the same or previous load, and protecting food from cross-contact (i.e., unintentional incorporation of a food allergen).
    • Training of carrier personnel is required to ensure compliance with sanitary transportation practices.
    • Record keeping requirements are imposed on shippers and carriers. Shippers must retain records demonstrating they provided appropriate specifications to carriers and loaders and maintain written agreements with those entities; carriers must retain records of the specifications received from shippers and records of their personnel training. Shippers and carriers must maintain these records for 12 months. 
    Responding to Contamination
    Any company involved in the transportation of food that suspects or detects possible contamination must take appropriate steps to ensure that the food is not sold or otherwise distributed until a qualified individual makes a determination that the suspected failure did not render the food unsafe.

    Entities covered by the rule need to have written corrective action plans that include FDA-mandated actions, such as reporting to the reportable food registry, as well as corrective action to ensure the food is not used or sold where necessary through market withdrawal or recall.

    Penalties for Failure to Comply
    Any food that is not transported in compliance with the Sanitary Transport Rule may be deemed adulterated under the FD&C Act and carries the risk of not only civil enforcement, but also significant criminal penalties. Persons that commit a prohibited act may be subject to misdemeanor and felony liability regardless of negligence and regardless of whether the person knew of the violation. Companies that violate the rule also run the risk of exposure to litigation by private plaintiffs.

    Any company involved in transporting food in the U.S., even if for export outside the country, is well advised to consult with its legal advisor to determine whether it is subject to the Sanitary Transport Rule and, if appropriate, begin implementing policies and procedures that ensure compliance with the rule.


    Ronie M. Schmelz and Matthew Kaplan are attorneys at Tucker Ellis LLP. They can be contacted at ronie.schmelz@tuckerellis.com and matthew.kaplan@tuckerellis.com.
    Related Searches
    • Regulations
    • World Markets
    • Packaging
    • Functional Foods & Beverages
    Related Knowledge Center
    • Packaging
    • Quality & Safety
    • World Markets
    Suggested For You
     BASF Venture Capital and Aqua-Spark invest in Sea6 Energy BASF Venture Capital and Aqua-Spark invest in Sea6 Energy
    Lauren Aronson Joins Amin Talati Wasserman, LLP Lauren Aronson Joins Amin Talati Wasserman, LLP
    Omega-3 Fatty Acids Linked to Reduced Episodes of Depression Omega-3 Fatty Acids Linked to Reduced Episodes of Depression
    Fact or Myth: Antioxidants Negatively Impact Iron Absorption Fact or Myth: Antioxidants Negatively Impact Iron Absorption
    ADM and Benson Hill Partner to Scale High Protein Soy for U.S. Market ADM and Benson Hill Partner to Scale High Protein Soy for U.S. Market
    Protein Ingredient Formulated for Chronic Kidney Disease Patients Protein Ingredient Formulated for Chronic Kidney Disease Patients
    Monk Fruit Sweetener May Have Prebiotic Activity, Study Finds  Monk Fruit Sweetener May Have Prebiotic Activity, Study Finds
    People with Low-Fiber Diets Benefit the Most from Fiber Supplements, Study Finds People with Low-Fiber Diets Benefit the Most from Fiber Supplements, Study Finds
    Chenland Nutritionals Self-Affirms GRAS for Cumin UP60 Ingredient Chenland Nutritionals Self-Affirms GRAS for Cumin UP60 Ingredient
    Gut Microbiome May Be Part of Link Between Red Meat and Heart Disease Risk Gut Microbiome May Be Part of Link Between Red Meat and Heart Disease Risk
    Food Processing for Health and Wellness Food Processing for Health and Wellness
    Formulating for Nutrient Bioavailability Formulating for Nutrient Bioavailability
    Nutritional Growth Solutions’ Healthy Heights Enters South Korea Market Nutritional Growth Solutions’ Healthy Heights Enters South Korea Market
    FDA to Host Webinar on Food Facility Registration, UFI Requirements FDA to Host Webinar on Food Facility Registration, UFI Requirements
    3i Solutions Announces New Leadership Positions 3i Solutions Announces New Leadership Positions

    Related Breaking News

    • Breaking News | Dietary Supplements | Functional Foods & Beverages | Industry & Market News | Marine Nutraceuticals | World Markets
       BASF Venture Capital and Aqua-Spark invest in Sea6 Energy

      BASF Venture Capital and Aqua-Spark invest in Sea6 Energy

      The company has developed an approach to source red seaweed for raw material.
      08.17.22

    • Breaking News | Dietary Supplements | People News | Regulations
      Lauren Aronson Joins Amin Talati Wasserman, LLP

      Lauren Aronson Joins Amin Talati Wasserman, LLP

      The advertising lawyer was previously a partner at Crowell & Moring, LLP.
      08.17.22

    • Breaking News | Cognitive Function | Mood Health & Sleep | Omega-3s | Research | Research News
      Omega-3 Fatty Acids Linked to Reduced Episodes of Depression

      Omega-3 Fatty Acids Linked to Reduced Episodes of Depression

      There appears to be a dose-dependent relationship between daily omega-3 consumption and episodes of depression, according to a longitudinal study.
      08.15.22


    • Antioxidants | Delivery & Dosage Technologies | Herbs & Botanicals | Minerals | Research
      Fact or Myth: Antioxidants Negatively Impact Iron Absorption

      Fact or Myth: Antioxidants Negatively Impact Iron Absorption

      Recent studies show curcumin administered in the bioavailable form HydroCurc® does not harm iron absorption or iron stores.

    • Breaking News | Functional Foods & Beverages | Proteins, Peptides, Amino Acids | Supplier News
      ADM and Benson Hill Partner to Scale High Protein Soy for U.S. Market

      ADM and Benson Hill Partner to Scale High Protein Soy for U.S. Market

      The collaboration will scale ingredients enabled by Benson Hill genetics and ADM’s commercial and production capabilities.
      08.10.22

    Loading, Please Wait..
    Trending
    • Evolution Nutraceuticals To Discontinue Challenged Claims For ‘Cardio Miracle’ Dietary Supplement
    • Vitamin K2 Status May Impact Blood Pressure And Pulse Wave Velocity
    • Zeus Hygia Launches Muscle Recovery Ingredient, Gremin
    • BASF Venture Capital And Aqua-Spark Invest In Sea6 Energy
    • Nature’s Way Acquires Personalized Nutrition Company Baze
    Breaking News
    • IFIC 2022 Food & Health Survey Highlights Eating Behavior Trends
    • Icon Foods Appoints Operations and Marketing Leaders
    • Annatto Tocotrienol Shown to Improve Weight Loss and Inflammation Markers in Patients with NAFLD
    • GC Rieber VivoMega Continues to Find Operational Efficiencies, Minimize Environmental Impact
    • Vitamin A Deficiency: 53% of Primary School Children in Rural Malaysia Found to be Malnourished
    View Breaking News >
    CURRENT ISSUE

    July/August 2022

    • A Growing Herbal Products Market Still Faces Formidable Threats, Challenges
    • Analytical Testing in Nutraceuticals: Methods and Mindsets to Uphold Quality
    • Nutrition and Flavor: Formulating for Modern Product Preferences
    • Contract Manufacturing: Trials & Tribulations of Today’s Supply Chains
    • How Will the European Green Deal Impact Dietary Supplements?
    • What Do Consumers Know About the Gut Microbiome?
    • View More >

    Cookies help us to provide you with an excellent service. By using our website, you declare yourself in agreement with our use of cookies.
    You can obtain detailed information about the use of cookies on our website by clicking on "More information”.

    • About Us
    • Privacy Policy
    • Terms And Conditions
    • Contact Us

    follow us

    Subscribe
    Nutraceuticals World

    Latest Breaking News From Nutraceuticals World

    IFIC 2022 Food & Health Survey Highlights Eating Behavior Trends
    Icon Foods Appoints Operations and Marketing Leaders
    Annatto Tocotrienol Shown to Improve Weight Loss and Inflammation Markers in Patients with NAFLD
    Coatings World

    Latest Breaking News From Coatings World

    Birla Carbon, NREL Collaboration to be Presented at ACS Conference
    Coating Resins Market Worth $70.9 Billion by 2027: MarketsandMarkets
    PPG Appoints Brad Budde Vice President and Chief Digital Officer
    Medical Product Outsourcing

    Latest Breaking News From Medical Product Outsourcing

    EchoNous Partners with Samsung
    Solid Growth Forecast for Global Ostomy Devices Market
    KA Imaging's Reveal 35C Images Increase Lung Lesion Visibility
    Contract Pharma

    Latest Breaking News From Contract Pharma

    GRAM to Fill and Finish Smallpox/Monkeypox Vaccines
    bluebird bio Wins FDA Approval of ZYNTEGLO
    Pace Life Sciences Acquires Meridian BioGroup
    Beauty Packaging

    Latest Breaking News From Beauty Packaging

    Sephora at Kohl’s to Expand Sephora Presence to All 1,100+ Kohl’s Locations
    Emma Watson to Front New Fragrance Campaign for Prada
    The Estée Lauder Companies Delivers Strong Results in Fiscal 2022
    Happi

    Latest Breaking News From Happi

    Amorepacific, MIT Develop World's First Chip-less Wireless Electronic Skin Enabled by Semiconductors
    Maesa Launches Itk Skincare with TikTok Stars Brooklyn and Bailey McKnight
    Skin Delivery Formulation
    Ink World

    Latest Breaking News From Ink World

    Xeikon to Introduce TITON Food-Safe Dry-Toner Technology at Labelexpo Americas 2022
    Smurfit Kappa Employees Charity Cycle Across Europe
    ProAmpac’s Rocky Mount, VA Facility Receives ISCC Plus Certification
    Label & Narrow Web

    Latest Breaking News From Label & Narrow Web

    ePac makes big announcement, Avery Dennison debuts new technology and more
    Techkon USA announces latest handheld spectrodensitometer
    Maxcess China now manufacturing solid dies in Huzhou
    Nonwovens Industry

    Latest Breaking News From Nonwovens Industry

    INDA Appoints Director of Membership and Industry Relations
    Nexwear Acquires Incontinence Products Brand Lily Bird
    Because Market Expands into Retail Stores
    Orthopedic Design & Technology

    Latest Breaking News From Orthopedic Design & Technology

    Theragen Receives Patent for Spine Fusion Bone Growth Stimulator System
    Study: BONESUPPORT’s CERAMENT G Can Help Save Infected Limbs
    Zavation’s Cervical Intervertebral Body Fusion Device Cleared by FDA
    Printed Electronics Now

    Latest Breaking News From Printed Electronics Now

    NREL, Birla Carbon Collaboration to be Shown at ACS Conference
    ORNL Celebrates Launch of Frontier, the World’s Fastest Supercomputer
    DuPont Names 2022 Lavoisier and Pedersen Award Medalists

    Copyright © 2022 Rodman Media. All rights reserved. Use of this constitutes acceptance of our privacy policy The material on this site may not be reproduced, distributed, transmitted, or otherwise used, except with the prior written permission of Rodman Media.

    AD BLOCKER DETECTED

    Our website is made possible by displaying online advertisements to our visitors.
    Please consider supporting us by disabling your ad blocker.


    FREE SUBSCRIPTION Already a subscriber? Login