The Food Safety Modernization Act (FSMA) was signed into law in 2011. Since then, the U.S. Food and Drug Administration (FDA) has been drafting a number of proposed rules that—once final—will implement FSMA. These rules are critical to ensure the industry’s compliance with the new law.
The proposed rules (likely seven in total) have been released in stages. The two most recent proposed rules, the Foreign Supplier Verification and Accreditation of Third Party Auditors, were published in late July. The American Feed Industry Association (AFIA) has reviewed these rules and is drafting comments. Once the comment period closes, FDA will review public comments received, make changes to the proposed rule and issue a final rule. Therefore, the comment period allows the industry to suggest improvements before the final regulation is written.
A lawsuit filed by public interest groups resulted in a court-ordered timeline for rulemaking. While FDA appealed the timeline, a decision is not likely until early next year. The court order requires FDA to publish all proposed rules by Nov. 30, except the rules for intentional adulteration. Comment periods, except for intentional adulteration close March 31, 2014, and final rules must be published by June 30, 2015. The order did not require any enforcement/implementation timelines, which are expected to range from 12-24 months or longer, particularly in regards to small firms.
Unfortunately for the animal feed/pet food industry, the Foreign Supplier Verification and Accreditation of Third Party Auditorrules are intertwined with another proposed rule that is not yet published. AFIA expects the proposed rule on Preventive Controls for Animal Feed and Pet Food in the near future now that the government shutdown is resolved. However, until it is released, AFIA cannot make comprehensive comments on the Foreign Supplier Verification and Accreditation of Third Party Auditor rules. AFIA has formally requested that FDA extend the comment period for these two proposed rules, allowing their comment periods to coincide with the future comment period of the animal feed preventive control rule. Click here for a copy of the extension request. Other industry trade associations are making similar requests. Once the proposed rule on Preventive Controls for Animal Feed and Pet Food is released, AFIA will be able to finalize the industry’s comments on the rules.
If you have questions, please contact:
- Richard Sellers, AFIA vice president of feed regulation and nutrition, at (703) 558-3569;
- Leah Wilkinson, AFIA director of ingredients, pet food and state affairs, at (703) 558-3560;
- Gina Tumbarello, AFIA manager of international trade, at (703) 558-3561;
- or Paul Keppy, AFIA legislative and regulatory specialist, at (703) 650-0144.
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. If you would like to photocopy, otherwise reproduce, or publish any of the foregoing material, please contact AFIA’s Sarah Novak or Miranda McDaniel at (703) 524-0810 or email@example.com or firstname.lastname@example.org for permission.