Who’s Included in the FSMA Food Transport Rule?

The FDA recently released its final FSMA rule, which applies specifically to food transportation. FSMA compliance concerns many aspects of food production, transportation of that food being one of them. While many food safety professionals have implemented HACCP or similar plans, they’ll need to review their current plans to ensure they comply with FSMA. What’s often forgotten is the fact that food spends a significant amount of time in transit: from farm to processor, warehouse to distributor, wholesaler to retailer or restaurant. Each time that food moves, it encounters the same potential safety challenges and the new FSMA Sanitary Transportation of Human and Animal Food addresses that.

Like previous rule releases, the new transportation rules are intended to improve food safety by prescribing greater diligence on the part of the transporter. While many food transporters are required to meet the new rules, some are not. The FDA website provides a more in-depth description, but below is a high level overview of who’s covered by the FSMA Rule for Sanitary Transportation of Human and Animal Food:

• Shippers, receivers, loaders, and carriers who transport food in the U.S. by motor or rail vehicle

• Persons (i.e. shippers) in other countries who ship food to the U.S. for consumption or distribution directly by motor or rail vehicle (from Canada or Mexico) or by ship or air

• The rule does not apply to exporters who ship food through the U.S. (e.g. from Canada to Mexico) by motor or rail vehicle if the food does not enter U.S. distribution.

• Companies involved in the transportation of food intended for export are covered by the rule until the shipment reaches a port or U.S. border.

Essentially, any carrier transporting food for human or animal consumption within the U.S. or transporting food produced in the U.S. for export is expected to meet the FSMA rule.

There are some significant exemptions to the rule which are summarized by the FDA as follows:

• Shippers, receivers, or carriers engaged in food transportation operations that have less than $500,000 in average annual revenue

• Transportation activities performed by a farm
• Transportation of food that is transshipped through the United States to another country
• Transportation of food that is imported for future export and that is neither consumed or distributed in the United States
• Transportation of compressed food gases (e.g. carbon dioxide, nitrogen or oxygen authorized for use in food and beverage products), and food contact substances
• Transportation of human food byproducts transported for use as animal food without further processing
• Transportation of food that is completely enclosed by a container except a food that requires temperature control for safety
• Transportation of live food animals, except molluscan shellfish

Large carriers are more likely to be covered under the new FSMA Rule than smaller, local carriers. Despite the size, carrier responsibility for food safety does not diminish, only reporting and record keeping may change.

While there are waivers for specific circumstances which will be discussed as a future topic, if a food transporter has annual revenues of $27.5 million or greater, employs 500 or more persons and the food is consumed or distributed in the U.S., compliance is required.

The world is changing and food safety is changing with it. One significant change is the fact that most of the food we eat is not produced locally. Food distribution has, is, and will continue to be a key component in the challenge of bringing safe, nutritious food to the tables of U.S. citizens. The newly released FSMA Sanitary Transportation Rule enumerates those who must comply. Food produce carriers will be well served by reviewing requirements and reporting responsibilities.