Court says FSMA draft rules must be released by Nov. 30

Published on: Nov 6, 2013

The Ninth Circuit Court of Appeals denied a Food and Drug Administration (FDA) motion to delay issuing a draft rule required by the Food Safety Modernization Act (FSMA). After FDA failed to meet deadlines mandated by Congress, Center for Food Safety sued the agency. Ruling in favor of CFS, the court re-established deadlines for FSMA's rules, starting with all the drafts being issued by Nov. 30, 2013.

FDA has appealed the decision and then sought a stay of the injunction pending the outcome of their appeals. The Ninth Circuit rejected FDA’s appeal for an extension but granted the agency an additional 16 days to make up for time lost due to the government shutdown. 

FDA said Nov. 4 it will soon announce a 60-day extension of the comment period on proposed rules for Foreign Supplier Verification Programs for Importers of Food for Humans and Animals and Accreditation of Third-Party Auditors/Certification bodies to Conduct Food Safety Audits to Issue Certifications. The current comment period for both proposed rules is scheduled to end Nov. 26, 2013. The move was requested by those in the feed industry to allow for the latest rule on animal feed to be considered in conjunction with the previously announced rules.  

The proposed rules for Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food and Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption were extended 60 days until Nov. 15, 2013. 

For more on the rules, visit www.fda.gov/fsma.