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Mark Your Calendars! Biennial Registration of Food Facilities Under FSMA Starts Next Week

By Claire Mitchell on September 26, 2012
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Registration of food facilities with the U.S. Food and Drug Administration (FDA) has been a requirement for almost a decade. Since the passage of the Public Health Security and Bioterrorism Preparedness Response Act on June 12, 2002, facilities engaged in manufacturing, processing, packing, or holding food for consumption in the United States have been required to register with FDA in order to provide the agency with information on the origin and distribution of food and feed products, thereby aiding in the detection and quick response to actual or potential threats to the U.S. food supply.

Starting next week, however, all food facilities required to register with FDA must begin biennial re-registration to comply with the provisions of the Food Safety Modernization Act (FSMA). Signed into law on January 4, 2011, FSMA now requires that food facilities re-register every 2 years with FDA, during the period beginning on October 1 and ending on December 31 in even numbered years. The first registration renewal cycle under FSMA starts and Monday, October 1 and will continue until Monday, December 31, 2012. Even if a food facility is already registered with FDA, the facility is still obligated to renew registrations during the October 1-December 1 timeframe.

When registering, it is important for food facility representatives to remember that additional information is now required to accompany the registrations under FSMA. Specifically, registrations must contain the e-mail address for the contact person of the facility, or for a foreign facility, the email address of the U.S. agent for the facility, and an assurance that FDA will be permitted to inspect the facility at the times and in the manner permitted by the FD&C Act. Additionally, if determined necessary by FDA, registrations are required to contain information regarding other applicable food categories, as determined appropriate by FDA, for foods manufactured, processed, packed, or held at registering facilities.

On a related note, under FSMA, the FDA is now, for the first time, explicitly granted the authority to suspend the registration of a food facility in certain circumstances involving food manufactured, processed, packed, received or held by a registered facility that has a reasonable probability of causing serious adverse health consequences or death to humans or animals. FDA did not previously have a process for suspending the registration of a food facility in such circumstances. If the FDA were to exercise this authority and suspend the registration of a food facility, that facility would be prohibited from introducing any food into the stream of commerce in the U.S., including importing or exporting food into the U.S.

Make sure to start submitting your registrations on Monday! To register, update, or renew a registration, food facilities must submit the paper Form 3537 by mail or fax or register online at www.fda.gov/furls. FDA encourages online registration as the least costly, quickest, and most efficient means for food facility registration.

Photo of Claire Mitchell Claire Mitchell

Claire Mitchell guides retail and non-retail food and beverage alcohol businesses through the complexities of state and federal regulation, finding thoughtful solutions to both legal and business challenges. Clients such as grocers, restaurants, hotel operators, e-commerce retailers, entertainment venues, alcohol brand owners, and…

Claire Mitchell guides retail and non-retail food and beverage alcohol businesses through the complexities of state and federal regulation, finding thoughtful solutions to both legal and business challenges. Clients such as grocers, restaurants, hotel operators, e-commerce retailers, entertainment venues, alcohol brand owners, and beer, wine, and spirits producers seek Claire’s counsel on state and federal liquor licensing strategies, tied house compliance, trade practice regulation, promotional advertising and sponsorship assessments, and contract negotiation. Claire makes it a priority to build strong connections with state and federal regulators, consultants, and trade associations and leverages that network of relationships to help clients overcome regulatory obstacles.

Click here for Claire Mitchell’s full bio.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Liability Law
  • Organization:
    Stoel Rives LLP

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