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Small Entity Compliance Guide: What You Need to Know About Establishment and Maintenance of Records

FinalCenter for Veterinary Medicine Office of Inspections and Investigations Human Foods Program04/04/2014

Description

On February 23, 2012, the Food and Drug Administration (FDA) published an interim final rule (IFR) in the Federal Register (77 FR 10658) that amended its regulation on the availability of records to be consistent with the amendments to section 414(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) made by section 101 of the FDA Food Safety Modernization Act (FSMA) (Public Law 111-353). The IFR became effective on March 1, 2012.  On April 4, 2014, FDA issued a final rule in the Federal Register adopting without change the requirements in the IFR.

Scope & Applicability

Product Classes

3
Animal food

exemption from section 403(w) misbranding requirements; Food intended for animal consumption, including pet food.; scope of sanitary transportation regulation; not considered dietary supplements under section 201(ff); category for very small importer threshold; Calculation of annual sales for importer status

Infant formula

subject to 21 CFR parts 106 and 107

Dietary supplements

subject to 21 CFR part 111; Foods not subject to preventive controls requirements; Specific product category with modified FSVP requirements.; Included in human food sales calculation; foods not covered under systems recognition arrangements

Stakeholders

4
transporters

persons who have possession, custody, or control of an article of food in the U.S. for the sole purpose of transporting

non-transporter subsequent recipients

Identify the immediate non-transporter subsequent recipients of all foods released

Foreign persons

Excluded unless they transport food in the U.S.

Non-transporters

Persons who own, hold, manufacture, process, pack, import, or receive food.

Regulatory Context

Attributes

1
perishability

The period for which the records must be retained depends on the perishability of the food

Identified Hazards

Hazards

2
serious adverse health consequences or death

Risk threshold for suspect and illegitimate product definitions

Credible threats

Records help address credible threats to human or animal health.

See Also (8)

Small Entity Compliance Guide: What You Need to Know About Establishment and Maintenance of Records | Guideline Explorer | BioRegHub