Food Defense

Overview

As part of its commitment to providing consumers at supermarkets and restaurants with safe, nutritious products, the fresh fruit and vegetable industry has devoted considerable attention to food defense/security programs to ensure the safety and integrity of produce as it moves throughout the supply chain.

In terms of federal regulation, the fresh produce industry operates under the U.S. Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act). Enforced by the U.S. Food and Drug Administration, the act consists of four components:

• Registration of Food Facilities, which requires facilities that manufacture/process, pack, or hold food for consumption in the United States to register with the FDA. Note: Farms, retail facilities and restaurants are exempt from registering.
• Prior Notification, which requires brokers, importers, and others to notify the FDA of the impending arrival of food into the United States.
• Administrative Detention, which outlines how the FDA can hold food determined to be a threat to public health and how appeals are conducted.
• Records Establishment and Maintenance, which requires what sort of information transporters and non-transporters must maintain in order to adequately document the supply chain.

A recent U.S. government review of compliance with the registration component of the act revealed that nearly half of food facilities have failed to give correct information. All told, the FDA expected approximately 420,000 domestic and foreign food facilities to register. In total, 157,395 United States facilities and 234,822 foreign facilities exporting to the United States, for a total of 392,217 registered.

Industry Compliance Opportunities

To help our members comply with this regulation, PMA offers below several direct links to the FDA website. Food defense/security is also periodically covered on our Field to Fork blog.

Registration of Food Facilities

• FDA Fact Sheet: Registration of Food Facilities
• FDA Q&A: Registration of Food Facilities
• FDA Compliance Policy Guide for Registration and Submit Registration of Food Facilities

Prior Notification

• FDA Fact Sheet: Prior Notice
• FDA Q&A: Prior Notice of Imported Foods
• FDA Compliance Policy Guide for Prior Notice and Submit Prior Notice of Imported Foods

Administrative Detention

• FDA Fact Sheet: Administrative Detention
• FDA Booklet: What You Need to Know About Administrative Detention of Foods

Records Establishment and Maintenance

• FDA Fact Sheet: Records Establishment and Maintenance Rule
• FDA Q&A: Records Establishment and Maintenance Rule

Food Defense Resources for Supply Chain Partners

• FDA Preventive Measures Guidance for Food Importers and Filers: This guidance is designed as an aid to operators of food importing establishments, storage warehouses, and filers. It identifies the kinds of preventive measures that they may take to minimize the risk that food under their control will be subject to tampering or other malicious, criminal, or terrorist actions.
• FDA Preventive Measures Guidance for Stores and Operators: This guidance is designed as an aid to operators of retail food stores and foodservice establishments. It identifies the kinds of preventive measures they may take to minimize the risk that food under their control will be subject to tampering or other malicious, criminal, or terrorist actions.
• FDA Preventive Measures Guidance for Producers, Processors, and Transporters: This guidance identifies the kinds of preventive measures operators of food establishments may take to minimize the risk that food under their control will be subject to tampering or other malicious, criminal, or terrorist actions. It is relevant to all sectors of the food system, including farms, producers, transportation operations, processing facilities, packing facilities, and warehouses. It is not intended as guidance for retail food stores or foodservice establishments.
• USDA Pre-Harvest Security Guidelines and Checklist: These voluntary guidelines and checklist provide pre‑harvest security resources and are designed to help the agricultural producer reduce security risks at the farm level.
• USDA Guide for Security Practices in Transporting Agricultural and Food Commodities: These voluntary guidelines are focused on the safe and secure transport and handling of products delivered by over-the-road food transporters.
• USDA FSIS Guide To Developing A Food Defense Plan For Warehouse and Distribution Centers: This voluntary guide helps owners and operators of warehouse and distribution centers develop a cost-effective Food Defense Plan for their facilities.
• USDA FNS Biosecurity Checklist for School Foodservice Programs: This voluntary guide helps school foodservice managers protect the health of the children and adults in schools by strengthening the safety of foodservice operations.