Final Rule for
Preventive Controls for
Human Food
September 16, 2015
http://www.fda.gov/fsma
THE FUTURE IS NOW
1
Background
Current Good Manufacturing Practice,
Hazard Analysis, and Risk-Based
Preventive Controls for Human Food
•  Originally proposed: January 16, 2013
•  Supplemental proposal: September 29, 2014
•  Public comments: More than 8,000 for the
original proposal; more than 1,300 for the
supplemental proposal
•  Final rule: on display September 10, 2015
2
Who is Covered by PCHF?
•  Facilities that manufacture, process, pack
or hold human food
•  In general, facilities required to register
with FDA under sec. 415 of the FD&C Act
– Not farms or retail food establishments
•  Applies to domestic and imported food
•  Some exemptions and modified
requirements apply
Updated Current Good
Manufacturing Practices
•  Protection against allergen cross-contact
•  Certain provisions containing
recommendations have been deleted
•  Previously nonbinding provisions, such as
education and training, are now binding.
4
Food Safety Plan
•  Hazard analysis
•  Preventive controls
•  Supply-chain program
•  Recall plan
•  Procedures for monitoring
•  Corrective action procedures
•  Verification procedures
5
Food Safety Plan –
Hazard Analysis
•  Hazard identification must consider known
or reasonably foreseeable biological,
chemical and physical hazards.
– These could occur naturally, be unintentionally
introduced, or be intentionally introduced for
economic gain.
6
Food Safety Plan –
Hazard Analysis
•  Evaluation of hazards must include
– consideration of severity of illness/injury and
probability of occurrence in absence of
preventive controls
– evaluation of environmental pathogens for
ready-to-eat foods exposed to the environment
– consideration of effect of factors such as
formulation and processing of food, facility,
equipment, ingredients, intended use
7
Food Safety Plan –
Preventive Controls
•  Measures required to ensure that hazards
are significantly minimized or prevented.
These include:
– Process controls
– Food allergen controls
– Sanitation controls
– Supply-chain controls
– Recall plan
8
Food Safety Plan –
Preventive Controls
•  Include controls at critical control points
(CCPs), if any, and controls other than
those at CCPs that are appropriate for
food safety
•  Not required when hazard is controlled by
another entity later in the distribution chain
– Disclose that food is for further processing
– Obtain assurances hazard will be controlled
9
Food Safety Plan - Monitoring
•  Facility must have written procedures,
including the frequency they are to be
performed, for monitoring the preventive
controls (as appropriate to the nature of
the preventive control)
•  Monitoring must be documented in records
subject to verification.
10
Food Safety Plan – Corrective
Actions and Corrections
•  Facility must have written procedures for
steps to be taken when preventive controls
are not properly implemented
– Identify and correct a problem
– Reduce likelihood of occurrence
– Evaluate food for safety
– Prevent adulterated food from entering
commerce
11
Food Safety Plan - Verification
•  Includes (as appropriate to the facility, food
and nature of the preventive control):
– Validation of preventive controls
– Verification of monitoring and corrective
actions
– Calibration of process monitoring and
verification instruments
– Product testing, environmental monitoring
– Records review
12
Reanalysis of Food Safety Plan
•  At least every three years
•  Whenever there is a significant change
that creates the potential for a new hazard
or a significant increase in one previously
identified
•  When there is new information about
potential hazards associated with a food
•  When a preventive control is ineffective
13
Facilities Storing Unexposed
Packaged Food
•  Exempt from the requirements for hazard
analysis and risk-based preventive
controls
•  Modified requirements apply if the food
requires time/temperature control for
safety
– Monitoring, corrective actions, and verification
for temperature controls
14
Supply-Chain Program
•  Manufacturing/processing facilities must
have a risk-based supply-chain program to
ensure control of hazards in raw materials
and other ingredients when the control is
applied before receipt (“supply-chain
applied control”).
15
Supplier
•  The establishment that manufactures/ processes
the food, raises the animal, or grows the food
that is provided to a receiving facility without
further manufacturing/processing by another
establishment, except for further manufacturing/
processing that consists solely of the addition of
labeling or similar activity of a de minimis nature.
16
Supply-Chain Program
•  Use of approved suppliers
•  Determine appropriate supplier verification
activities
•  Conduct and document supplier verification
activities
•  When applicable, verify a supply-chain-applied
control applied by an entity other than the
facility’s supplier or obtain documentation of
verification by another entity
17
Supplier Verification Activities
•  Onsite audits (default for serious hazards)
•  Sampling and testing
•  Review of relevant food safety records
•  Other as appropriate
18
Activity and frequency based on nature of
hazard, where it is controlled and supplier
performance.
Qualified Facilities
•  Very small businesses are qualified
facilities exempt from the requirements for
hazard analysis and risk-based preventive
controls (but have some modified
requirements).
– Average less than $1M per year in sales of
human food plus the market value of human
food manufactured, processed, packed or
held without sale
19
Modified Requirements for a
Qualified Facility
•  Attestation the facility is a qualified facility;
AND
•  Attestation that hazards have been
identified and that preventive controls
have been implemented and are being
monitored; OR
•  Attestation facility is in compliance with an
applicable non-Federal food safety law
20
Withdrawal of Qualified
Facility Exemptions
•  The final rule describes procedures for
FDA to withdraw the exemption for a
qualified facility if necessary to protect
public health.
o  The final rule also provides procedures for a facility to
appeal the withdrawal order and request an informal
hearing.
o  There is a procedure for reinstating an exemption that
was withdrawn.
21
Compliance Dates for
Businesses
•  Very small businesses (less than $1 million in
annual food sales): Three years
•  Businesses subject to the Pasteurized Milk
Ordinance: Three years
•  Small businesses (a business with fewer than
500 full-time equivalent employees): Two years
•  All other businesses: One year
22
Compliance Dates –
Supply-Chain Program
•  Separate compliance dates have been
established for the supply-chain program
provisions to accommodate compliance
dates for suppliers of different sizes and
subject to different rules (e.g., Produce
Safety Standards, Foreign Supplier
Verification Program).
23
Planned Guidances
•  Hazard analysis and preventive controls
•  Environmental monitoring
•  Food allergen controls
•  Validation of process controls
•  A Small Entity Compliance Guide that
explains the actions a small or very small
business must take to comply with the
rule.
24
Training and Technical
Assistance - Domestic
•  Plans include
–  Collaborating with the Food Safety Preventive
Controls Alliance to establish training and technical
assistance programs.
–  Partnering with the National Institute of Food and
Agriculture (NIFA) to administer a grant program to
provide technical assistance to small and mid-size
farms and small food processors.
–  Establishing an FDA FSMA Technical Assistance
Network.
25
Training and Technical
Assistance - International
•  Plans include
–  Collaborating with the Food Safety Preventive
Controls Alliance on capacity building through its
International Subcommittee
–  Working with regulatory counterparts and
multinational organizations
–  Developing and disseminating outreach, education,
and technical materials
–  Establishing training and technical assistance
networks
26
For More Information
•  Web site:
http://www.fda.gov/fsma
•  Subscription feature available
•  To contact FDA about FSMA and find the
new online form for submitting questions:
http://www.fda.gov/Food/GuidanceRegulation/
FSMA/ucm459719.htm
27

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FSMA Final Rule for Preventive Controls For Human Food 2015

  • 1. Final Rule for Preventive Controls for Human Food September 16, 2015 http://www.fda.gov/fsma THE FUTURE IS NOW 1
  • 2. Background Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food •  Originally proposed: January 16, 2013 •  Supplemental proposal: September 29, 2014 •  Public comments: More than 8,000 for the original proposal; more than 1,300 for the supplemental proposal •  Final rule: on display September 10, 2015 2
  • 3. Who is Covered by PCHF? •  Facilities that manufacture, process, pack or hold human food •  In general, facilities required to register with FDA under sec. 415 of the FD&C Act – Not farms or retail food establishments •  Applies to domestic and imported food •  Some exemptions and modified requirements apply
  • 4. Updated Current Good Manufacturing Practices •  Protection against allergen cross-contact •  Certain provisions containing recommendations have been deleted •  Previously nonbinding provisions, such as education and training, are now binding. 4
  • 5. Food Safety Plan •  Hazard analysis •  Preventive controls •  Supply-chain program •  Recall plan •  Procedures for monitoring •  Corrective action procedures •  Verification procedures 5
  • 6. Food Safety Plan – Hazard Analysis •  Hazard identification must consider known or reasonably foreseeable biological, chemical and physical hazards. – These could occur naturally, be unintentionally introduced, or be intentionally introduced for economic gain. 6
  • 7. Food Safety Plan – Hazard Analysis •  Evaluation of hazards must include – consideration of severity of illness/injury and probability of occurrence in absence of preventive controls – evaluation of environmental pathogens for ready-to-eat foods exposed to the environment – consideration of effect of factors such as formulation and processing of food, facility, equipment, ingredients, intended use 7
  • 8. Food Safety Plan – Preventive Controls •  Measures required to ensure that hazards are significantly minimized or prevented. These include: – Process controls – Food allergen controls – Sanitation controls – Supply-chain controls – Recall plan 8
  • 9. Food Safety Plan – Preventive Controls •  Include controls at critical control points (CCPs), if any, and controls other than those at CCPs that are appropriate for food safety •  Not required when hazard is controlled by another entity later in the distribution chain – Disclose that food is for further processing – Obtain assurances hazard will be controlled 9
  • 10. Food Safety Plan - Monitoring •  Facility must have written procedures, including the frequency they are to be performed, for monitoring the preventive controls (as appropriate to the nature of the preventive control) •  Monitoring must be documented in records subject to verification. 10
  • 11. Food Safety Plan – Corrective Actions and Corrections •  Facility must have written procedures for steps to be taken when preventive controls are not properly implemented – Identify and correct a problem – Reduce likelihood of occurrence – Evaluate food for safety – Prevent adulterated food from entering commerce 11
  • 12. Food Safety Plan - Verification •  Includes (as appropriate to the facility, food and nature of the preventive control): – Validation of preventive controls – Verification of monitoring and corrective actions – Calibration of process monitoring and verification instruments – Product testing, environmental monitoring – Records review 12
  • 13. Reanalysis of Food Safety Plan •  At least every three years •  Whenever there is a significant change that creates the potential for a new hazard or a significant increase in one previously identified •  When there is new information about potential hazards associated with a food •  When a preventive control is ineffective 13
  • 14. Facilities Storing Unexposed Packaged Food •  Exempt from the requirements for hazard analysis and risk-based preventive controls •  Modified requirements apply if the food requires time/temperature control for safety – Monitoring, corrective actions, and verification for temperature controls 14
  • 15. Supply-Chain Program •  Manufacturing/processing facilities must have a risk-based supply-chain program to ensure control of hazards in raw materials and other ingredients when the control is applied before receipt (“supply-chain applied control”). 15
  • 16. Supplier •  The establishment that manufactures/ processes the food, raises the animal, or grows the food that is provided to a receiving facility without further manufacturing/processing by another establishment, except for further manufacturing/ processing that consists solely of the addition of labeling or similar activity of a de minimis nature. 16
  • 17. Supply-Chain Program •  Use of approved suppliers •  Determine appropriate supplier verification activities •  Conduct and document supplier verification activities •  When applicable, verify a supply-chain-applied control applied by an entity other than the facility’s supplier or obtain documentation of verification by another entity 17
  • 18. Supplier Verification Activities •  Onsite audits (default for serious hazards) •  Sampling and testing •  Review of relevant food safety records •  Other as appropriate 18 Activity and frequency based on nature of hazard, where it is controlled and supplier performance.
  • 19. Qualified Facilities •  Very small businesses are qualified facilities exempt from the requirements for hazard analysis and risk-based preventive controls (but have some modified requirements). – Average less than $1M per year in sales of human food plus the market value of human food manufactured, processed, packed or held without sale 19
  • 20. Modified Requirements for a Qualified Facility •  Attestation the facility is a qualified facility; AND •  Attestation that hazards have been identified and that preventive controls have been implemented and are being monitored; OR •  Attestation facility is in compliance with an applicable non-Federal food safety law 20
  • 21. Withdrawal of Qualified Facility Exemptions •  The final rule describes procedures for FDA to withdraw the exemption for a qualified facility if necessary to protect public health. o  The final rule also provides procedures for a facility to appeal the withdrawal order and request an informal hearing. o  There is a procedure for reinstating an exemption that was withdrawn. 21
  • 22. Compliance Dates for Businesses •  Very small businesses (less than $1 million in annual food sales): Three years •  Businesses subject to the Pasteurized Milk Ordinance: Three years •  Small businesses (a business with fewer than 500 full-time equivalent employees): Two years •  All other businesses: One year 22
  • 23. Compliance Dates – Supply-Chain Program •  Separate compliance dates have been established for the supply-chain program provisions to accommodate compliance dates for suppliers of different sizes and subject to different rules (e.g., Produce Safety Standards, Foreign Supplier Verification Program). 23
  • 24. Planned Guidances •  Hazard analysis and preventive controls •  Environmental monitoring •  Food allergen controls •  Validation of process controls •  A Small Entity Compliance Guide that explains the actions a small or very small business must take to comply with the rule. 24
  • 25. Training and Technical Assistance - Domestic •  Plans include –  Collaborating with the Food Safety Preventive Controls Alliance to establish training and technical assistance programs. –  Partnering with the National Institute of Food and Agriculture (NIFA) to administer a grant program to provide technical assistance to small and mid-size farms and small food processors. –  Establishing an FDA FSMA Technical Assistance Network. 25
  • 26. Training and Technical Assistance - International •  Plans include –  Collaborating with the Food Safety Preventive Controls Alliance on capacity building through its International Subcommittee –  Working with regulatory counterparts and multinational organizations –  Developing and disseminating outreach, education, and technical materials –  Establishing training and technical assistance networks 26
  • 27. For More Information •  Web site: http://www.fda.gov/fsma •  Subscription feature available •  To contact FDA about FSMA and find the new online form for submitting questions: http://www.fda.gov/Food/GuidanceRegulation/ FSMA/ucm459719.htm 27