Author: Steve Kluting
Food safety is a critical concern for both consumers and regulatory agencies. In recent years, there have been several developments in food safety regulations to ensure the protection of public health. The Food and Drug Administration (FDA) and the United States Department of Agriculture's Food Safety and Inspection Service (USDA FSIS) have been actively working on various initiatives to address food safety issues. This article discusses some of the recent regulatory updates and highlights the importance of partnering with specialists in product contamination coverage to protect businesses in the event of a crisis.
Regulatory updates
Earlier this year, the FDA released a list of draft guidance documents that it intends to publish throughout 2024, including these topics:
Food intended for babies and children: In an effort to implement the FDA's Closer to Zero plan, the agency will release guidance on action levels for lead in food intended for babies and young children. Similarly, the FDA also plans to publish separate guidance regarding action levels for arsenic and cadmium in food.
Plant-based food labeling: Following the 2023 release of the FDA draft guidance on the labeling of plant-based milk alternatives, the FDA intends to publish draft guidance titled Labeling of Plant-Based Alternatives to Animal-Derived Foods. This new guidance will provide clarity on labeling requirements, help consumers make informed choices and ensure transparency in the food industry.
Food traceability rule: The FDA plans to publish draft guidance on the "Requirements for Additional Traceability Records for Certain Foods" (also known as the Food Traceability Rule), which will become effective in 2026. This rule's goal is to enhance food traceability and assist the industry in complying with the requirements. By implementing effective traceability measures, the FDA intends to improve response times during foodborne illness outbreaks and prevent further contamination.
In addition, the FDA has recently published a final rule on agricultural water regarding produce safety. This rule replaces the pre-harvest agricultural water requirements issued in 2015 under the Product Safety rule of the Food Safety Modernization Act. The final rule requires systems-based assessments of agricultural water to guide measures to control potential food safety and contamination risks. Compliance with this rule has staggered dates over the next three years, and the FDA has adopted an "educator and not enforcer" approach to support compliance.
Finally, the USDA FSIS has announced its final determination to declare salmonella an adulterant in raw breaded stuffed chicken products when the contaminant exceeds a specific level.
Food safety regulatory topics to monitor
The aforementioned actions represent only a portion of what's happening from a regulatory standpoint on food safety concerns. Other hot topics worth monitoring include:
- Continued state legislation regulating Per- and polyfluoroalkyl substances (PFAS) in food packaging
- Other trends in state legislation (especially in California, Illinois, and New York) regarding the banning of certain food additives
- Evolving regulatory (federal and state) response efforts regarding the avian flu outbreak are impacting the dairy cattle industry
Food safety regulations are constantly evolving to address emerging concerns and to protect public health. The FDA's initiatives are crucial steps towards ensuring the safety and transparency of the food industry.
To navigate these regulatory changes and to protect your business in the event of a product contamination event, partnering with specialists in product contamination coverage is essential. Gallagher's product recall experts specialize in developing customized programs that address potential gaps and additional exposures. By proactively addressing food safety risks, businesses can safeguard their reputation and ensure the wellbeing of their consumers.
