On Friday, June 21, the Federal Court in California granted an order in the case filed against FDA by the Center for Food Safety, establishing timelines for FDA to complete the rulemaking required by FSMA. Rejecting FDA’s proposed deadlines as “inadequate” and the Center for Food Safety’s proposal as “overly restrictive,” the court ordered FDA to publish all outstanding proposed regulations by November 30, 2013. These include the proposals for the Foreign Supplier Verification Program, Accreditation of Third Party Auditors, Preventive Controls for Animal Foods, Intentional Contamination, and Sanitary Transport of Food and Feed. The court ordered that, for each proposal, the close of the comment period shall be no later than March 31, 2014. Finally, the court mandated that all final regulations shall be published in the Federal Register no later than June 30, 2015. The court noted that, other than these deadlines, FDA shall have the discretion to prioritize other matters relating to the rulemaking process.
Click here to view the order.