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Food Facility Registration Under FSMA Delayed

By Andy Frame on October 12, 2012
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The Food Safety Modernization Act’s biennial food facility registration requirement was intended to go into effect Oct. 1, 2012; however since that day a yellow box has been posted on the U.S. Food and Drug Administration’s website indicating that the agency is not currently accepting registration renewals.

The food facility registration requirement of FSMA mandates that food facilities renew and update their registration information, regardless of any prior registration.

According to Section 102 of the FSMA – which amended the registration provision of the Food, Drug, and Cosmetic Act – food facilities are required to provide the following information:

• Name and address of each facility where the registrant conducts business

• Email address for the contact person of the facility;

• Or for a foreign facility, the email address of the U.S. agent for the facility;

• An assurance that the FDA will be permitted to inspect the facility according to the Food and Drug Cosmetic Act inspection provisions; and

• When determined by the FDA, the general food category of any food manufactured, processed, packed or held at each facility.

For those who wish to get up-to-date information on the availability of facility registration, FDA suggests checking www.access.fda.gov or signing up for FSMA updates here. Updates will also be available on the agency’s system status page.

This latest delay continues the uncertainty concerning the status of FSMA’s implementation as regulations mandated by the act go through the lengthy review process at the Office of Information and Regulatory Affairs at the White House’s Office of Management.

As soon as the FDA allows food facilities to do so, registrants will have to register between Oct. 1 and Dec. 31 every other year.

Photo of Andy Frame Andy Frame

Andy Frame is the 2012-13 Marler Clark Graduate Assistant, a position awarded each year to a candidate from the University of Arkansas’s Agriculture and Food Law L.L.M. program.  Frame earned his J.D. from Mississippi College School of Law and a journalism degree from…

Andy Frame is the 2012-13 Marler Clark Graduate Assistant, a position awarded each year to a candidate from the University of Arkansas’s Agriculture and Food Law L.L.M. program.  Frame earned his J.D. from Mississippi College School of Law and a journalism degree from Auburn University.  His professional experience includes a judicial internship with The Honorable David Chandler of the Mississippi Supreme Court, a law clerk position with Randall Segrest in Jackson, MS and a legal internship with the Office of Indigent Appeals in Jackson, MS.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Food Safety News
  • Organization:
    Marler Clark, Inc., PS
  • Article: View Original Source

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