Implementation of the Food Safety Modernization Act Effective July 3, 2011, The FDA Has Increased Administrative Detention Authority

摘要

As of July 3, the authority of the Food and Drug Administration (FDA) to use administrative detention as an enforcement tool will increase. For this reason, companies that manufacture, prepare, pack or hold food should ensure that their strong record-keeping practices are strong. Under the current criteria of the Food, Drug, and Cosmetic Act, the FDA may order the detention of human or animal food if there is credible evidence or information indicating that an article of food presents a threat of serious adverse health consequences or death to humans or animals. As of July 3, the rule is amended underthe Food Safety Modernization Act (FSMA), which provides greater authority to use detention as an enforcement method. The new rule allows the FDA to order detention if there is reason to believe that an article of food is adulterated or misbranded. Foods can be detained for 20 calendar days, with a possible 10 calendar day extension if needed.