The Food and Drug Administration (FDA) has proposed two new food safety
rules addressing foodborne illness prevention and produce safety under the
Food Safety Modernization Act. According to FDA, the first rule would require
both foreign and domestic food manufacturers “to develop a formal plan for
preventing their food products from causing foodborne illness” and to establish
plans “for correcting any problems that arise.” The second rule proposes
“enforceable safety standards for the production and harvesting of produce
on farms,” including “science- and risk-based standards for the safe production
and harvesting of fruits and vegetables.”

Before drafting the rules, FDA apparently conducted “extensive outreach”
involving the produce industry, consumers, other government agencies, and
the international community. It will accept comments on both rules until
May 16, 2013, and plans to issue further proposals addressing the safety and
oversight of imported foods. “We know one-size-fits-all rules won’t work,”
said FDA Deputy Commissioner Michael Taylor. “We’ve worked to develop
proposed regulations that can be both effective and practical across today’s
diverse food system.” See FDA Press Release, January 4, 2012.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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