FSMA Food Safety Seminar Japan External Trade Organization January 2017 Tokyo, Osaka Protecting Against Intentional Adulteration U.S.

Similar documents
FSMA Implementation FDA s Preventive Controls Rules

Complying with FSMA Food Defense Rule. Pest Invasion Premier Food Industry Pest Management Seminar. Dr. Craig Henry, Intro Inc.

The U.S. Food and Drug Administration s Food Safety Modernization Act: Current & Future Requirements

FDA Food Safety Modernization Act FDA Proposed Rules & OTA Draft Comments

Deeper Dive of the Preventive Controls for Human Food Rule in Produce Packing Facilities

May 12, 2016 MEMORANDUM. Certain provisions of FSMA are already in effect, namely: Mandatory recall authority (FSMA 206).

Are You Ready for FSMA? Janet Raddatz VP Quality & Food Safety Systems Sargento Foods Inc. WAFP June 12, 2013

Update on FSMA Implementation. Rebecca Buckner May 24, 2016

THE PREVENTIVE CONTROLS RULES AND THE FSPCA

FSMA User Guide. Food Safety Modernization Act Guide

Purnendu C. Vasavada, Ph.D. Coordinator, FSPCA

TraceGains Insights Blog Keep up with the latest industry news, tips and more right here!

Food Safety Modernization Act (FSMA)

Executive Summary 56,173 Purpose and Coverage of the Rule 56,173 Summary of the Major Provisions of the Rule 56,173 Costs and Benefits 56,175

TERMAN BODE MATZ PC ATTORNEY S AT LAW. SUIT E SIXTEENTH STREET, N.W. WASHINGTON, D.C (202)

THE ALMOND FOOD SAFETY PLAN: TEACHING EXAMPLE FOR FSMA PREVENTIVE CONTROLS. Room 314 December

The FDA Food Safety Modernization Act of 2009 Section-by-Section Summary

INTRODUCTION TO HACCP

Food Safety Modernization Act

Produce Safety Educator s Monthly Call #16 April 6, PM EST Meeting Summary

FSMA Update. Samantha Shinbaum. October 3, 2017

AFDO FINAL COMMITTEE REPORT

FSMA Update. Jennifer Thomas Interim Director for FSMA Operations Center for Food Safety and Applied Nutrition Food and Drug Administration May 2018

Food Aid Safety and Quality Management Scheme

September 1, Comments on Draft Reportable Food Registry (RFR) Guidance; Docket No. FDA-2009-D-0260

The Future of Food Safety: FSMA & the State Departments of Agriculture

FDA SEATTLE DISTRICT REGULATORY UPDATE

Practice exercises and training materials on how to build a FSMA compliant food safety plan and preventive control program.

What type of retail establishments do we inspect and license? Retail food sales establishments selling to the end consumer, including:

FDA Reportable Food Registry. David E. Gombas, Ph.D. United Fresh Produce Association September 21, 2009

FSMA Enforcement: The First Year

Department of Health and Human Services. No. 135 July 14, Part VI

Post Market Surveillance Requirements. SAMED Regulatory Conference 2 December 2015

MAY 22-24, 2017 BERLIN (GERMANY)

Draft 11/3/2017. Crosswalk - Requirements for Foodborne Illness Training Programs Based on Standard 5

Crosswalk - Requirements for Foodborne Illness Training Programs Based on Standard 5

School Nutrition Association:

Arizona Department of Agriculture

Department of Defense INSTRUCTION

Food & Beverage Atlantic. Executive Director Report 2017 Annual General Meeting January 18, 2018

Swedish Food Regulations

Pesticide Applicator Course for Agricultural Producers. Lesson 11. Professionalism. Pesticide Applicator Course for Agricultural Producers

AMENDED WARNING LETTER CIN

Food Standards Agency in Wales

FEMA Mission Statement and Critical Objectives MISSION STATEMENT: CRITICAL OBJECTIVES: Science. Advocacy. Communication

Chapter 2 Management and Personnel

Division of Federal-State Relations. Food Safety Modernization Act

Produce Safety Educators Monthly Meeting #16 April 6, PM EDT

LABEL CLAIMS POWERED BY PROOF

Complaint Handling and Medical Device Reporting (MDRs)

ALABAMA DEPARTMENT OF HOMELAND SECURITY ADMINISTRATIVE CODE CHAPTER 375-X-2 DUTIES AND RESPONSIBILITIES OF ASSISTANT DIRECTORS TABLE OF CONTENTS

Produce Safety Educator s Monthly Call #10 June 2, PM EST Meeting Summary

DEPARTMENT OF HOMELAND SECURITY REORGANIZATION PLAN November 25, 2002

Medical Device Reporting. FD&C Act CFR Direct Final Rule 2/28/05. As amended by:

FSVP and VQIP Statutory Requirements GMA Science Forum

Contains Nonbinding Recommendations. Draft Not for Implementation

WARNING LETTER CERTIFIED MAIL -~ Q December 14, 2005

Food Safety Management System Requirements Comparison - Private & Public Sector Programs - Version 4 19 June 2013

Chapter 1 INTRODUCTION TO FSPCA PREVENTIVE CONTROLS FOR HUMAN FOOD COURSE

THE 48 th ANNUAL DAIRY PRACTICES COUNCIL CONFERENCE BUFFALO, NEW YORK November 8-10, 2017

Establishment Registration and Device Listing. Michelle C. Jackson, Esq. Partner Venable LLP

BE-595M Homework Assignment Due: 3/3/08

See footnotes at end of table.

205 CMR: MASSACHUSETTS GAMING COMMISSION

A Competitiveness Policy for the Medical Technology Industry: Six Policy Proposals to Sustain American Leadership

Republic of the Philippines DEPARTMENT OF AGRICULTURE DEPARTMENT OF HEALTH

PIPELINE SECURITY INFORMATION CIRCULAR

Crosswalk Between the Standards

Agency of Agriculture, Food and Markets FY 2019 Budget Presentation. House and Senate Appropriations Committees 2018

Risk Based Inspections

Goal of Child Nutrition Programs is to serve nutritious and safe food that children will eat within an established budget.

THE WHITE HOUSE. Office of the Press Secretary NATIONAL SECURITY PRESIDENTIAL MEMORANDUM - 2

DELIVERING CAREER-SPANNING, STANDARDS-BASED FOOD PROTECTION TRAINING FOR STATE AND LOCAL FOOD PROTECTION OFFICIALS.

2011 FDA SOUTHEAST REGION ANNUAL SEMINAR. 11/09/11 Karen Smallwood, RRHR

IFU The International Fruit and Vegetable Juice Association

An Update on FDA s Good Laboratory Practice (GLP) for Nonclinical Laboratory Studies Proposed Rule

Subj: NAVY MEDICINE PHARMACEUTICALS SHELF LIFE EXTENSION PROGRAM

Computer Validation Initiative Committee Membership Requirements

APPROVED REGULATION OF THE STATE BOARD OF PHARMACY. LCB File No. R Effective May 16, 2018

ERCMExpress. U.S. Department of Education. Emergency Response and Crisis Management (ERCM) Technical Assistance Center. Volume 2, Issue 5, 2006

PMDA Update: Its current situation

Department of Defense INSTRUCTION. SUBJECT: Implementation of Data Collection, Development, and Management for Strategic Analyses

CERCLA Law on The Agency for Toxic Substances and Disease Registry

Latham & Watkins Corporate Department

Application for Registration as a Food Business Operator

TESTIMONY OF THOMAS HAMILTON DIRECTOR SURVEY & CERTIFICATION GROUP CENTER FOR MEDICAID AND STATE OPERATIONS CENTERS FOR MEDICARE & MEDICAID SERVICES

Foodborne Disease Outbreak Response: Assessing the Legal and Institutional Framework for Interagency Information Sharing

*Applicable to: Beaumont Health. Document Type: Policy

Status of Prerequisite and HACCP Program Implementation. Sanitarians Perspective

Medical Device Reporting for Manufacturers

GAO MEDICAL DEVICES. Status of FDA s Program for Inspections by Accredited Organizations. Report to Congressional Committees

National Food Incident Response Protocol

Software Regulation and Validation

The Department of Health Medicinal Marijuana Program 2013 Annual Report

This Standard applies to the essential elements of a training program for regulatory staff.

REQUEST FOR PROPOSALS

NRC REGULATORY ISSUE SUMMARY TRANSPORTATION OF RADIOACTIVE MATERIAL QUANTITIES OF CONCERN NRC THREAT ADVISORY AND PROTECTIVE MEASURES SYSTEM

Department of Defense DIRECTIVE

Department of Agriculture

Minutes Board of Trustees

Transcription:

FSMA Food Safety Seminar Japan External Trade Organization January 2017 Tokyo, Osaka Protecting Against Intentional Adulteration U.S. FDA Requirements Bruce Silverglade bsilverglade@ofwlaw.com Principal Attorney Olsson Frank Weeda Terman Matz PC 1

What Is the U.S. FDA s Intentional Adulteration (IA) Regulation? Establishes requirements to prevent or significantly minimize acts intended to cause wide-scale public health harm Uses a HACCP-type approach, but with important differences from the Preventive Controls for Human Food rule Is risk-based and flexible 2 1

Who Is Covered by the IA Rule? Facilities that manufacture, process, pack or hold human food In general, facilities required to register with FDA under sec. 415 of the FD&C Act Not farms or retail food establishments Applies to U.S. domestic and imported food Some exemptions and modified requirements apply 3

Exemptions Very small businesses averaging less than US$10M per year Holding of food, except holding of food in liquid storage tanks Packing, repacking, labeling, or relabeling of food where the container that directly contacts the food remains intact Activities of a farm subject to the Produce Safety Rule 4

Exemptions Manufacturing, processing, packing, or holding food for animals Alcoholic beverages at certain facilities (under specified conditions) On-farm manufacturing/processing, packing, or holding by a small or very small business, of eggs (inshell, other than RACs) or certain types of game meats, if such activities are the only activities conducted by the business subject to section 418 of the Act 5

What Is Required? Food defense plan Vulnerability assessment Mitigation strategies Procedures for food defense monitoring Food defense corrective action procedures Food defense verification procedures Records Training 6

Key Terms Actionable process steps Mitigation strategies 7

Food Defense Plan Vulnerability Assessment Identification of those points at highest risk, i.e., actionable process steps For each point, step, or procedure, a facility must consider, at a minimum: Potential public health impact Degree of physical access to product Ability of an attacker to successfully contaminate the product Outcome of assessment must be written 8

Food Defense Plan Mitigation Strategies Measures to ensure significant vulnerabilities at actionable process steps are significantly minimized or prevented Must be implemented for each actionable process step Must include written explanation for how strategy minimizes vulnerability 9

Food Defense Plan Mitigation Strategy Management Components Food defense monitoring Food defense corrective actions Food defense verification As appropriate to ensure the proper implementation of the mitigation strategies, taking into account the nature of the mitigation strategy and its role in the facility s food defense system 10

Food Defense Plan Food Defense Monitoring Facility must have written procedures, including the frequency they are to be performed, for monitoring the mitigation strategies (as appropriate to the nature of the mitigation strategies) Monitoring must be documented in records subject to verification 11

Food Defense Plan Food Defense Corrective Actions Facility must have written procedures for steps to be taken when mitigation strategies are not properly implemented (as appropriate to the nature of the actionable process step and the nature of the mitigation strategy) Identify and correct a problem Reduce likelihood of recurrence Corrective actions must be documented in records subject to verification 12

Food Defense Plan Food Defense Verification Includes (as appropriate to the nature of the mitigation strategy and its role in the facility s food defense system): Verification of monitoring and corrective actions Verification that mitigation strategies are properly implemented through records review or other activities Verification must be documented in records 13

Reanalysis of Food Defense Plan At least every three years Whenever there is a significant change that creates the potential for a new vulnerability or a significant increase in one previously identified When there is new information about potential vulnerabilities associated with a food operation or facility 14

Reanalysis of Food Defense Plan When a mitigation strategy is not properly implemented Whenever FDA requires reanalysis to respond to new vulnerabilities, credible threats, or developments in scientific understanding 15

Training Food defense awareness Proper implementation of mitigation strategies at actionable process steps Certain components of the food defense plan Individual may be qualified by education or experience 16

Records Establish and maintain certain records, including Food defense plan Food defense monitoring, corrective action, and verification records Documentation related to training of personnel Use of existing records 17

Compliance Dates Very small businesses (under US$10M): Five years (July 26, 2021) Small businesses (a business with fewer than 500 full-time equivalent employees): Four years (July 27, 2020) All other businesses: Three years (July 26, 2019) 18

FDA Guidance Vulnerability assessment Mitigation strategies Food defense monitoring, corrective actions, and verification Recordkeeping A Small Entity Compliance Guide to assist small and very small businesses to comply with the rule 19

Training and Technical Assistance - Plans include International Collaborating with the Food Safety Preventive Controls Alliance on capacity building through its International Subcommittee Working with regulatory counterparts and multinational organizations Developing and disseminating outreach, education, and technical materials Establishing training and technical assistance networks 20

Technical Assistance Food Defense Mitigation Strategies Database http://www.accessdata.fda.gov/scripts/foodd efensemitigationstrategies/ Browse by Category Or Search by Keyword Choose a Point, Step, or Procedure Review Strategy List 21

Training and Technical Assistance U.S. Domestic Established the Intentional Adulteration Subcommittee within the Food Safety Preventive Controls Alliance to create training and technical assistance programs The FDA FSMA Technical Assistance Network has been established 22

Questions? Bruce Silverglade bsilverglade@ofwlaw.com +1 (202) 518-6316 www.ofwlaw.com 23