Understanding the Final Rule on Sanitary Transportation of Human and Animal Food

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According to FDA, "the goal of the rule is to ensure that transportation practices do not create safety risks". FDA hopes to address three areas: 1) ensuring food is properly refrigerated, 2) vehicles and equipment are properly cleaned and sanitized, and 3) ensuring food is properly protected during transportation. The rule is based on the Sanitary Transportation of Food Act of 2005 and current best industry practices. Significant changes were made from the proposed rule offering more flexibility to carriers and shippers to set industry specific guidelines, minimizing burdensome requirements. The rule goes into effect on June 5, 2016 with compliance beginning one year later. Small businesses other than motor carriers who are not also shippers and/or receivers employing fewer than 500 persons and having less than $27.5 million in annual receipts would have to comply within two years after the final rule goes into effect.

What food is covered by the rule?

• FDA-regulated human food including raw materials and ingredients. No exemption for foods subject to seafood and juice HACCP rules (although regulation strives to be consistent with such rules)

• Animal food, to include pet food

• Exemptions:

- Transportation of food completely enclosed by a container unless requiring Temperature Control for Safety (TCS)

- Compressed food gasses

- Grade A Milk

- Live animals

- Any transportation performed by a farm

FDA defines food not completely enclosed as any food that is placed into a container in such a manner that it is partially open to the surrounding environment

• Includes: open wooden basket/crate, open cardboard box, vented cardboard box with a top, vented plastic bag

Whose responsibility is it to put the requirements into place?

The final rule now places primary responsibility to the shipper to determine appropriate

transportation operations (i.e. temp control for foods, relevant temp, proper clean out procedures, and whether previous cargo should be reported (no more 3 previous loads)). This shipper may assign some of this liability to the carrier through a written contract.

For more rule information, click here to view the Final Rule Summary and work with your shipper on how to comply with the rule.

Information provided by American Trucking Association

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