AN OVERVIEW

Beverley MillerDate: 25 October 2011

The Food Safety Modernization Act, an amendment of the Federal Food, Drug and Cosmetic (FD&C) Act, was signed into law on January 4, 2011 by President Obama.

The Act provides a legislative mandate to require science-based preventive controls across the food supply chain rather than a reactive approach to food safety problems.

Foodborne illness a big problem in the U.S.A.

Recent data from the Centers for Disease Control & Prevention:◦ About 48 million (1 in 6) Americans get sick;

128,000 are hospitalized and 3,000 die each year

Foodborne diseases a largely preventable public health burden

1. Improving capacity to prevent food safety problems;

2. Improving capacity to detect and respond to food safety problems;

3. Improving the safety of imported food.

Registration◦ Biennial registration renewal as of October 1,

2012;◦ Suspension of registration

Hazard analysis and risk-based preventive control

Authority to collect fees for re-inspection; mandatory recalls; voluntary qualified importer programme (VQIP);

Unique Identification Number for each registered facility (study underway).

Identification and inspection of facilities; increased frequency of inspection. (In year 1- at least 600 foreign facilities to be inspected)

Identification and inspection at ports of entry;

Laboratory Accreditation for Analysis of Foods; (Foreign labs which satisfy accreditation standards shall be accredited);

Enhanced tracking/tracing of foods(starting with pilot projects) & recordkeeping;

Foodborne illness surveillance system; Mandatory recall authority.

Section 202 of the Act, directs the FDA to:- Establish a programme for the testing of foods by accredited laboratories by January 2013;

Establish a publicly available registry of accreditation bodies recognized by the Secretary and of laboratories accredited by a recognized accreditation body by January 2013;

Require that any changes that would affect the recognition/accreditation be reported to the Secretary.

Foreign Supplier Verification Programme (FSVP)

Voluntary Qualified Importer Programme (VQIP)

Monitoring records for shipments

Lot-by-lot certification of compliance

Annual on-site inspections

Checking hazard analysis and risk-based preventive control plan of foreign supplier

Periodic testing and sampling shipments

Exemption : Seafood; Juice & LACF Facilities (microb. hazards only) in compliance with HACCP

Guidance /Regulations due January 2012

Prior notice of imported food shipments

Inspection of foreign food facilities

Accreditation of third-party auditors (FDA can accept 3rd party’s verification that facilities comply with US requirements)

Authority to require import certification for high-risk foods;

FDA to establish Foreign Offices to provide assistance on food safety measures.

Programme to begin no later than 18

months after enactment of FSMA (by July 2012)

1. Preventive Controls: FDA now has legislative mandate to require comprehensive prevention-based controls across the food supply.

2.Inspection and Compliance: The legislation recognizes the importance of inspection as a means of holding industry accountable for its responsibility to produce safe food. The law specifies how often FDA should inspect food producers

Imported Food Safety: New tools to ensure that imported foods meet US standards e.g. importer verification of adequacy of supplier’s preventive control; FDA’s ability to accredit qualified third party auditors to certify foreign facilities based on US food safety standards.

Response: FDA has mandatory recall authority for all food products.

Enhanced Partnerships: The legislation recognizes the importance of strengthening existing collaboration among all food safety agencies including foreign agencies.

Biennial registration renewal: During period Oct. 1 – Dec. 31 of even numbered year.

Suspension of registration by FDA: No imports until informal hearing is held.

Re-inspection: No charge for initial inspection. FY 2011, re-inspection costs US$325.00/hour

Failure to comply with Recall orders: Fees to be determined.

Proposed inspections during FY 2012 (Oct.1, 2011-Sept. 30, 2011 will measure industry’s compliance with current requirements NOT future FSMA regulations.

Role: To drive the process of ensuring Jamaica’s preparedness to satisfy USFDA requirements as elaborated in the Food safety Modernization Act.

Membership: Multi-sector & multi-stakeholder based.

Operations/Meetings: Meets fortnightly

Responsibilities: To provide guidance to Secretariat

(established at BSJ) in coordinating activities of regulatory agencies and other stakeholders in preparing for USFDA inspections

To determine the extent of Jamaica’s readiness to satisfy the requirements of the USFDA FSMA.

To identify needs of Jamaica’s regulatory machinery in order to fulfill its role and strengthen collaboration with US food safety agencies;

To assist in the sourcing of funds to enable both public and private sectors to upgrade to the required level

To keep stakeholders abreast of developments under the FSMA.

To encourage, through the establishment of a ‘corporate’ mentoring programme, big successful companies to mentor smaller companies in need of development.

Pre-assessment visits being conducted by regulatory officials to determine the status of each facility (Priority to FDA list).

List of Food Safety Consultants prepared and available to stakeholders

Auditors have been identified and being prepared to start conducting gap audits.

BSJ collaborating with Department of Chemistry (UWI) re the conduct of a Better Process Control School (BPCS) scheduled for January 9 -13, 2012.

FDA ‘s training of Processed food inspectors in HACCP scheduled for January 30, 2012 and joint inspections (FDA/BSJ) of Ackee firms to start on January 31, 2012.

Jamaica National Agency for Accreditation (JANAAC) is currently accrediting a set of labs. to collectively cover the range of tests by January 2013.

We all commit to the common goal of ensuring Jamaica’s agri/agro-processed exports into the USA by complying with the requirements of the USFDA FSMA.

The FDA website @ http://www.fda.gov.FSMA

The FSM Secretariat at 619-1131

BSJ Website @ www.bsj.org.jm