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Comment On Proposed FDA Food Safety Rules By May 16, 2013

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Foster Swift Agricultural Law Update
January 2013

On January 4, 2013, the U.S. Food and Drug Administration announced its proposal of new food safety rules. The public may submit online or written comments on the proposed rules by May 16, 2013. The proposed rule titled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food" states that it would "revise FDA’s current good manufacturing practice (CGMP) regulations regarding the manufacturing, processing, packing or holding of human food. . ." The proposed rule would add new preventative controls provisions as required by the FDA Food Safety Modernization Act, including requirements for covered facilities to maintain a food safety plan, perform a hazard analysis, institute preventative controls for mitigation of those hazards. Covered facilities would be required to monitor their controls, verify their effectiveness, take appropriate corrective actions, and maintain records documenting these actions. The proposed rule would also clarify other requirements of the CGMP regulations (last updated in 1986) and clarify the scope of the exemption for farms in FDA’s current food facility registration regulations. The proposed rule titled "Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" states that it would "establish science-based minimum standards for the safe growing, harvesting, packing, and holding of produce on farms." The proposed rule includes regulations regarding working training health and hygiene, agricultural water, biological soil amendments, domesticated and wild animals, equipment, tools, and buildings, and sprouts.