K&H publishes summary of FSMA final rule to implement sanitary transportation requirements for human and animal food.

• As promised, Keller and Heckman LLP has prepared a summary of FDA’s final rule to implement sanitary food transportation requirements under the FDA Food Safety Modernization Act (FSMA).
• Click here for our summary of the rule and its implications for entities in the food industry.
• Although the core components of the sanitary transportation requirements remain substantially similar to those in the proposed rule, FDA has revised and clarified the final rule in several key respects.  Of particular significance to specific industry sectors, FDA has now excluded the transportation of the following product categories from the scope of the rule:  (1) food-contact substances; (2) human food byproducts transported for use as animal food without further processing; and (3) food completely enclosed by a container, except food that requires temperature control for safety.  Responding to the concerns of many stakeholders, FDA also has expressly recognized that parties permissibly may reassign responsibilities under the rule by reliance on written agreements.

We will continue to monitor and report on FDA’s activities to implement this rule and other FSMA related activities.  Please email fooddrug@khlaw.com and let us know if you have any questions or if you would like to discuss the impact of the final rule or any other FSMA related issues in the meantime.