Food Haulers to Again be Affected by May 31 Rule

Protection Against the Intentional Adulteration of Food ImageThe seventh and final rule of the Food Safety Modernization Act (FSMA) of 2005 is set to be published May 31st, 2016.


The U.S. Food and Drug Administration (FDA) filed its rule on the protection against intentional adulteration on December 20th, 2013. According to Michael Taylor, FDA’s deputy commissioner for foods and veterinary medicine, “The goal is to protect the food supply from those who may attempt to cause large-scale public health harm. Such events, while unlikely to occur, must be taken seriously because they have the potential to cause serious public health and economic consequences.”


Under the rule, the FDA has chosen to identify four potentially vulnerable activities involved in manufacturing, processing, packing and holding food instead of focusing on particular types of foods at high risk of intentional contamination. The four activities are:

  1. Bulk liquid receiving and loading;
  2. Liquid storage and handling;
  3. Secondary ingredient handling; and,
  4. Mixing and similar activities.


Requirements of the rule to protect food against intentional adulteration would include:

  1. Written food defense plan;
  2. Training;
  3. Identification of actionable process steps using “key activity types” or a vulnerability assessment; and,
  4. Identification and implementation of focused mitigation strategies.


Quality Assurance & Food Safety Magazine published the article “11 Ways to Challenge Your Food Defense Program” back in December. Here is a list of the 11 tips:

  1. Implement a card access system
  2. Start a seal program
  3. Ensure sufficient light in key areas
  4. Develop a visitor control program
  5. Install a camera system
  6. Provide proper training
  7. Maintain food defense manuals
  8. Utilize a key protocol
  9. Administer a crisis management program
  10. Limit access to sensitive or high-risk areas
  11. Inspect visitor/contractor bags and equipment

Food Haulers and Intentional Adulteration Rule

While the seventh and final rule applies mostly to manufacturers and processors, it is still important for food haulers to be aware of the changes that will take place. FDA officials believe the protection against intentional adulteration rule and the six other rules established under the FMSA, will work together to systematically strengthen the food safety system and better protect public health. Drivers can help in preventing intentional adulteration by being extra cautious during the loading and unloading of human and animal foods.

This document will be updated with a link to the final rule once available. For more information on ensuring the safety and compliance of your transportation business, contact Truck Writers today.

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