This Week's Other

EDITORIAL COMMENT: The Illogical World Of Retail Milk Prices

Federal Ag, Rural Prosperity Task Force Focuses On Rural Workforce, Technology

Presence Of Discount Retailer Lidl Found To Reduce Retail Prices Of Dairy, Other Products

Advancing Projects Honor the
Spirit of an Icon
by John Umhoefer

Our Friend — Dan Carter by Dan Strongin

For Nielsens And Wapsie Valley, Independence Is More Than The City, It Keeps Them Growing



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FDA Plans To Exercise Enforcement Discretion For Several Provisions In Some FSMA Rules

The US Food and Drug Administration (FDA) late last week announced that it intends to exercise enforcement discretion for certain provisions in four of the rules that implement the Food Safety Modernization Act (FSMA).

This means that, during the enforcement discretion period, FDA does not intend to enforce these provisions as they currently apply to certain entities or activities.

In general, FDA said it is exercising enforcement discretion to allow time to consider changes or other approaches to address concerns regarding the application of these provisions to certain activities or entities. FDA had previously extended the compliance dates for many of the provisions covered by this enforcement discretion guidance, but is now exercising enforcement discretion.

The enforcement discretion announced last week pertains to specific provisions in the preventive controls for human food rule, preventive controls for animal food rule, Foreign Supplier Verification Programs (FSVP) rule and produce safety rule.

Each of these rules includes “customer provisions” intended to provide written assurance to a manufacturer, processor, importer, or farmer that the food will be processed to control for hazards before the food reaches consumers.

For the preventive controls rules, these provisions apply when a manufacturer/processor relies on other entities (commercial customers) in the distribution chain to control certain identified hazards, i.e., when there will be further processing of the food before it reaches consumers. The FSVP rule includes customer provisions that apply when an importer imports food for which the hazards are controlled after importing.

FDA has received feedback that certain product distribution chains would require vastly more written assurances and resources to comply than was anticipated by FDA during the rulemaking process.

The agency intends to exercise enforcement discretion for the written assurance requirements, while it considers rulemaking that takes into consideration the complexity of supply chain relationships and the resources required to meet the current requirements of these provisions.

The International Dairy Foods Association (IDFA) “has long opposed the customer assurance requirement as it would be duplicative and very burdensome to implement,” said John Allan, IDFA vice president for regulatory affairs and international standards.

“Commercial customers are already required to conduct hazard analyses and implement preventive controls, as appropriate, including im


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