• FDA issued a Constituent Update, entitled “FDA Reminds Industry of Best Practices to Prevent Tampering and Intentional Adulteration of Food and Cosmetic Products” on August 28 in response to media reports of tampering of products at grocery stores.  The Constituent update directs retailers to take the following actions:
  • Inspect returned products for signs of tampering or intentional adulteration;
  • Develop a system to minimize risk of compromise for handling items that are distressed, damaged, returned, or pulled from shelves but not purchased;
  • Inspect products displayed for retail sale for signs of tampering;
  • Monitor public spaces for unusual behavior; and
  • Train employees.
• FDA had published the Guidance for Industry: Food Security Preventive Measures Guidance for Retail Food Stores and Food Service Establishments in October 2007 which generally addresses this topic for food manufacturers.  Provisions within the guidance include:
  • Management efforts to prepare for, monitor, and evaluate conditions;
  • Screening staff and restricting staff access to specific work areas;
  • Monitoring visitors;
  • Design of the facility and chemical storage; and
  • Facility operations.
• Retailer, distributors, and manufacturers are encouraged to closely review and implement the provisions in the Constituent Update and Guidance, as well as Revised Draft Guidance for Industry: Mitigation Strategies to Protect Food Against Intentional Adulteration as appropriate.

For help in complying with regulatory requirement for food facilities please email us at fooddrug@khlaw.com.