ABA commends FDA for allowing flexibility in its recently promulgated Preventive Control rule under the Food Safety Modernization Act (FSMA).
“ABA has won a major victory on behalf of the wholesale baking industry with the inclusion of an exemption from preventative control provisions for facilities ‘solely engaged in the storage of unexposed, packaged foods,’” said ABA President and CEO Robb MacKie.
At ABA’s request, the exemption was included in the recently promulgated FDA rule – Preventive Controls for Human Food: Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Foods. “We are pleased that FDA recognizes that a one-size-fits-all approach is not appropriate in the food safety context; flexibility is critical,” said MacKie.
In July 2012, ABA led a food industry petition urging FDA to exempt storage facilities from its preventative controls provisions. This petition was allowed under language in the Food Safety Modernization Act that was included at ABA’s recommendation. FDA’s final rule contains several exemptions, including one for non-refrigerated distribution warehouses, such as those utilized by the baking industry. FDA’s final rule does clarify that warehousing attached to manufacturing operations are not exempt and must conduct a hazard analysis. “We believe that the exemption will help our members avoid unnecessary compliance expenses of as much as $10,000 – $20,000 per facility, and allow FDA to prioritize its limited enforcement resources to maximize public health benefits,” said MacKie.