U.S. FDA Regulations for Exporting Food to the United States. Presented by: David Lennarz President, Business Development & Operations

Similar documents
Final Rules Preventive Controls for Human Food Preventive Controls for Animal Food

Food Commissaries under FSMA and the US FDA model Food Code

The FDA Food Safety Modernization Act: The Key New Requirements

FSMA, FSVP, and FCS. Deborah Attwood May 12, 2016 Global Food Contact 2016

Food Safety Modernization Act (FSMA) Overview

FDA Food Safety Modernization Act (FSMA) January 4, 2011

Alignment of FSMA with Existing Food Safety Programs International Citrus & Beverage Conference

Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food

Registrar Corp. 144 Research Drive, Hampton, Virginia, 23666,U54. Te lephone : + I ll 7. F ax + I

The Food Safety Modernization Act of 2011 Final Rule for Preventive Controls for Human Food 1

Shawn Stevens Food Industry Consultant and Lawyer

Preventive Controls for Human Foods & Preventive Controls Qualified Individuals

Food Safety Modernization Act - Impacts on the Grain and Feed Industry

Foreign Supplier Verification Programs for Importers of Food for Humans and Animals

Final Rule for Preventive Controls for Animal Food

The Food Safety Modernization Act A Series on What is Essential for a Food Professional to Know

FDA Basics FDA s Import Operations: How FDA Regulates Imported Products

FSMA & The Dietary Supplements Industry

Regulatory Update: Food Safety and Nutrition

FDA REGULATION OF DIETARY SUPPLEMENTS AND FOODS

Proposed FDA Food Safety Modernization Act:

This whitepaper will cover the suggested methodology to be employed when developing a PCP plan. This includes how to develop your plan in accordance

October 9-11, Are you ready to export your food products to North America?

Effective and Compliance Dates Applicable to Retailers, Manufacturers, Importers, and Distributors of Newly Deemed Tobacco Products

FDA Food Contact Fundamentals

July 27-30, th Annual Meeting of the Poultry Science Association Louisville, Kentucky. Presented at:

EXPORTING TO THE USA. Andy Kerridge Primority Ltd

GROCERY MANUFACTURERS ASSOCIATION. Science Forum. Connecting Sound Science and Responsible Solutions

Update FDA/Center for Food Safety and Applied Nutrition

Exporting to the USA? Seminar on how to meet U.S. Food and Drug Administration (FDA) Requirements

ARE YOU READY FOR RETAIL?

Southern California Section & Western Compendial Discussion Group

LIVE INTERACTIVE YOUR DESKTOP. Food Recall Process. Cecilia M. Wolyniak Food and Drug Administration Office of Enforcement

Why all the Attention to Food Safety?

American Fats and Oils Association Animal Protein Forum, October 9, 2013

Nutrition Labeling of Single- Ingredient Products and Ground or Chopped Meat and Poultry Products

Roseann B. Termini, Esq.

Washington Update PTNPA Day in Washington Martin J. Hahn, Partner Hogan Lovells US, LLP. May 10, 2018

GCC Guide for Control on Imported Foods

AKA Good Manufacturing Practice (GMP) Certification Program

Foreign Supplier Verification Programs (FSVP) Errata Sheet from Version 1.0 to 1.1 Participants

Edible Fats and Oils Regulatory Update. National Institute of Oilseed Products March 16-18, 2014 San Antonio, TX

FDA and USDA Food Safety Regulations 101: Preventing Adulteration and Contamination

Planning For The FDA s 'Deeming Rule' For E- Cigarettes

Distillers Grains Symposium

SUPPLIER INGREDIENT INFORMATION. 50 lb bag

cgmp (21 CFR 111) Regulation and Compliance Overview

USFDA Nutrition Facts Panel Update. May 20, 2016

Genetically Modified Organism (GMO) Legislation and Litigation: Challenges and Opportunities

Food Recalls: May 25, 2016 GREENBERG TRAURIG, LLP ATTORNEYS AT LAW Greenberg Traurig, LLP. All rights reserved.

FDA RELEASES FOOD CURRENT GOOD MANUFACTURING PRACTICE MODERNIZATION REPORT

INTRODUCTION TO DRUG LAW AND REGULATION: REGULATION OF DRUG MANUFACTURING

OVERVIEW OF FOOD SAFETY REGULATION IN THE UNITED STATES. Presented By William C. Balek International Sanitary Supply Association March 30, 2001

FSMA: Implementation and Impact on Global food Industry and role of FSPCA in Preventive Controls Education and Outreach

Nutrition Label Reform (NLR) Overview

Menutail FDA2016 Changes Fact Sheet

Agency Information Collection Activities; Submission for Office of Management and Budget

TSDR Pharmacy Inc. dba brandmd Skin Care 11/9/17

Raritan Pharmaceuticals, Inc. 6/20/17

Problems with the 1906 Act

FDA Foods Program Update

Managing Allergens within a manufacturing context. Helen Brown CampdenBRI Chipping Campden

The Tobacco Control Act s Premarket Review Authorities: Reports on Substantial Equivalence and Exemption Requests (905(j))

The Food and Drug Administration Globalization Act of 2008

Food Safety Technical industry e-news updates essential to your operations

Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of

ECOCERT CANADA LABELLING GUIDE. For Canadian Certified Organic Products. Version3

Overview of Dietary Supplement GMP Inspection Trends Quality Session 6

Border Issues and Statistics: Regulatory Activities. Mr. Robert Deininger Southwest Import Director AFDO San Antonio, Texas

FDA s Nutrition Innovation

Product Recalls. Protecting Public Health. Presented by William Stewart & Thomas DiBruno

Food Additives Program

Proposition 65 and Supplements

ACTION: Notification; declaratory order; extension of compliance date.

Guidance for Handling and Labeling

Small Entity Compliance Guide

DEPARTMENT OF HEALTH AND MENTAL HYGIENE COMMISSIONER OF HEALTH AND MENTAL HYGIENE

Food Safety Federal Efforts to Protect Public Health

Why Should the Malting and Brewing Industry Be Concerned About Food Safety? Part 1

San Diego Compounding Pharmacy 9/25/17

PIC/S GUIDANCE ON CLASSIFICATION OF GMP DEFICIENCIES

FDLI s Enforcement, Litigation, and Compliance Conference. Center for Tobacco Products Office of Compliance and Enforcement 2017 Update

2017 Her Majesty the Queen in Right of Canada (Canadian Food Inspection Agency), all rights reserved. Use without permission is prohibited.

The proposed rule is significant, and the requirements and exceptions are complex. Key provisions of the proposal are described below.

Food Safety Regulation Chapter One Definitions

Product Information Sheet SODA-LO EXTRA FINE IODIZED

Product Information Sheet

Availability of FSIS Compliance Guidelines for Allergens and. Ingredients of Public Health Concern: Identification, Prevention

July 3, Re: Proposed Rule: National Bioengineered Food Disclosure Standard. 83 FR (May 4, 2018). Docket No. AMS-TM

Public Health Service Food and Drug Administration San Francisco District 1431 Harbor Bay Parkway Alameda, CA Telephone: 510/

Product Information Sheet RESISTAMYL

Product Information Sheet REZISTA HV

Product Information Sheet REZISTA DF

Inspection Report Item 29: Compliance with Variance, Specialized Process, Reduced Oxygen Packaging Criteria, and HACCP Plan

Product Information Sheet MALTOSWEET

STATEMENT OF JOSHUA M. SHARFSTEIN, M.D. PRINCIPAL DEPUTY COMMISSIONER U.S. FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES

Responding to a Food Recall

Today is the Day - Final Regulations on Nutrition and Supplement Facts Labels and Serving Sizes Officially Published in the Federal Register

Updates to the Nutrition Facts Label

CSM Bakery Solutions 1912 Montreal Road Tucker GA

Transcription:

U.S. FDA Regulations for Exporting Food to the United States Presented by: David Lennarz President, Business Development & Operations

Overview FDA Overview Food Facility Registration Prior Notice Food Canning Establishment Requirements Labeling Rules FDA Inspections FSMA HARPC Food Safety Plans (and Importer s FSVP) Qualified Facility Attestation Finding Customers Questions & Answers 2

How does the FDA work? Common myths FDA approves facilities FDA approves products FDA requires submissions of labels or an inspection before marketing products For food and beverages Regulator / Rule-maker Enforcer / Police 3

How does FDA work? Enforcement Inspections Import Refusals Import Alerts Warning Letters Suspension of registration Civil and criminal penalties 4

Registration, U.S. Agent, & Prior Notice Basic FDA Requirements 5

FDA Food Facility Registration and the Biennial Registration Renewal 6

Food Facility Registration Registration required under the Bioterrorism Act of 2002 for facilities that manufacture, process, pack or store food (including beverages and dietary supplements) Foreign facilities must designate a U.S. Agent 7

Food Facility Registration Exemptions Trading companies Personal residences Transportation only Farms Retail Food Establishments Fishing Vessels USDA-regulated facilities 8

Food Facility Registration Information Facility Information (name, corporate entity type, physical location, trade names used to do business) Contact Information (telephone, email address, emergency contact, preferred mailing address) Product Information (general product categories) 9

Food Facility Registration Renewal Every two years, on even-numbered years Facilities must consent to FDA inspection Failure to renew results in invalidated registration, is a prohibited act 2018 10

Next Renewal Period: October 1 to December 31, 2018! Failure to Renew = Cancelled Registration FDA removed thousands of food facility registrations that were not properly renewed for 2016 from its registration database on February 1, 2017. 11

Registration Statistics January 2016 Malaysia 639 Singapore 227 Indonesia - 1018 Myanmar - 90 Thailand 1492 Vietnam 1485 Cambodia -36 Philippines - 753 February 2017 Malaysia - 344 (46% decrease) Singapore 117 (48% decrease) Indonesia 601 (41% decrease) Myanmar 49 (46% decrease) Thailand 849 (43% decrease) Vietnam 806 (46% decrease) Cambodia 24 (33% decrease) Philippines 373 (50% decrease) 12

Verification Steps 1. US Agent verification 2. 3 rd party authorization Both verification steps apply to new registrations, renewals, and cancellations. FDA will not confirm any of these transactions until both the US Agent and the authorizing individual for a 3 rd party submission has submitted a receipt code to agree to their respective designations. 13

Prior Notice Notification to FDA NOTE: Required even for samples Detention in port if not filed Includes information about the shipment and the facility May be filed by exporter, importer, or third party 14

An Additional Requirements Food Canning Establishment (FCE) Registration 15

Typical Products 16

Food Canning Establishment Low-Acid Canned Food Final ph > 4.6 ( certain tomato products > 4.7) Water activity (a w ) > 0.85 Common examples: green olives in brine, artichokes, figs in syrup, roasted peppers, etc. Acidified Food Final ph 4.6 Water activity (a w ) > 0.85 In cans, glass, semirigid and flexible pouches 17

FCE Wizard & SID Verifier www.fcewizard.com Identify whether your products are subject to FCE-SID regulations Receive and share a PDF report detailing the possible requirements www.sidverifier.com Verify if a particular SID is currently on file in FDA s database Avoid time-consuming detentions and entry errors at port 18

New Nutrition Labeling Requirements 19

Regulatory History 2014: Based upon new research and nutritional data, FDA issued two Proposed Rules to modify the current Nutrition Facts Label 2015: Supplemental proposed rule addressed "added sugars May 27, 2016: Two Final Rules issued that mandate new Nutrition Facts Label 20

New Content Changes New mandatory declarations: vitamin D, potassium, added sugars Vitamin A and C now voluntary Calories from fat may no longer be declared New definition for dietary fiber New units for vitamin D, niacin, vitamin A, vitamin E, folate/folic acid 21

Standard Label Format Changes Changes made to the order of nutrients Changes made to the footnote Changes made to the font sizes of the declarations Quantitative amounts of certain vitamins/minerals required 22

Additional Format Label Changes Changes to other formats permitted for special packaging Simplified Linear Tabular 23

Compliance Dates Compliance Dates FDA allows industry time to incorporate the new rules into their packaging Based upon the annual food sales of the manufacturer Sales > $10 Million: Jan 01, 2020 Sales < $10 Million: Jan 01, 2021 24

Labeling Food as Organic Regulated by USDA There are four ways that foods may be labeled as organic: 1. Products made with 100 percent organic ingredients may use the USDA Organic Seal or the term 100 percent organic. 2. Products made with at least 95 percent organic ingredients may use the USDA Organic Seal or the term organic. 3. Products made with 70 to 95 percent organic ingredients may use the phrase made with organic. 4. Products made with less than 70 percent organic ingredients may only disclose individual organic ingredients in the ingredient statement. 25

Prop 65 California requires clear and reasonable warning on products that contain chemicals known to cause cancer or reproductive toxicity. Warnings must be prominently displayed Format and content depends on the nature of the toxin and the type of exposure (e.g. consumer product, food, alcoholic beverage) List of Subject Chemicals: https://oehha.ca.gov/proposition- 65/proposition-65-list 26

FDA Food Facility Inspections 27

Foreign FDA Food Facility Inspections FDA inspections are designed to: Identify food safety problems before products arrive in the U.S. or enter interstate commerce Determine compliance status of facilities Help FDA make admissibility decisions Ensure that food products meet U.S. requirements under the FD&C Act. Note: An FDA establishment inspection is a careful, critical, official examination of a facility to determine its compliance with laws administered by FDA. 28

Foreign Food Facility Inspection Facility s risk profile: Product Risk Process Complexity Selection Facility compliance history (refusal rates, previous inspection results, etc.) New exporters shipping large volumes Convenience typically FDA inspects 4-8 facilities on one trip 29

Inspection Process: Notice of Inspection Notice is sent by email to registrant s email as indicated in the food facility s FDA registration Notice is also sent to U.S. Agent via email Email will come from: @fda.hhs.gov 30

Key Points: Inspection Process : Notice of Inspection 5 Days to Respond Provide additional data Refusal to respond or refusal to allow an inspection may cause increased sampling, refusal of admission, or other regulatory action. 31

Inspection Process: Factory Profile Information Form Once you reply, FDA s Office of Regulatory Affairs will contact you: May take days, weeks, or months (or never) Coordinate inspection date Ask you to complete and return a Factory Profile Information form to FDA FDA will then come back with name of investigator, their flight info, ask you to make hotel reservations, and maybe even ask you to provide ground transportation. 32

FDA Inspections FDA inspection are more than just routine GMP reviews Some may be targeted at specific industry issues If the facility handles any major food allergens, the inspection may also focus on: Allergen control plan Potential cross-contact Cleaning and sanitation protocols Use of rework Production sequencing Traffic patterns Factory separation Labeling 33

Applicable FDA Regulations A single inspection may focus on multiple requirements For example, a canned tuna product may be inspected for compliance with: Seafood HACCP (21 CFR 123) Low Acid Canned Foods (21 CFR 113) Current GMP (21 CFR 110) / (21 CFR 117) Food Labeling (21 CFR 101) Emergency Permit Control (21 CFR 108) 34

Inspection Process: Day 1 Inspection is typically 2 days Day 1: Introductions Opening Meeting Quick Tour Document Review 35

Day 2: Inspection Process: Day 2 Most time spent in factory Closing meeting with management Delivery of form 483 Inspectional Observations 36

After the Inspection FDA will eventually classify the inspection: No Action Indicated (NAI) Voluntary Action Indicated (VAI) - Official Action Indicated (OAI) FDA discloses the final inspection classification in an online database http://www.accessdata.fda.gov/scripts/inspsearch/ 37

OAI Actions Warning Letter (which you could respond to) and perhaps a Close Out Letter Detentions at the port Registration suspension Re-inspection under FSMA 38

Recommendations Preparedness is critical Most companies think they are prepared, but they re not. Having a review by an external expert is often highly beneficial Immediately address simple issues found during the inspection process Respond to the 483 with evidential solutions, not with vague answers 39

The biggest change in 70 years Food Safety Modernization Act 40

What is FSMA? The FDA Food Safety Modernization Act (FSMA) was signed into law by President Obama on January 4, 2011. It aims to ensure the U.S. food supply is safe by shifting the focus of federal regulators from responding to contamination to preventing it. 41

Seven Rules of FSMA Preventive Controls for Human Preventive Controls for Animals 3rd Party Accreditation FSVP Produce Safety Sanitary Transport Intentional Adulteration 42

Preventive Controls Food Safety Plan 43

Preventive Controls Hazard Analysis Recordkeeping Preventive Controls Corrective Action Food Safety Plan Supply Chain Program Monitoring Procedures Verification Recall Plan 44

HACCP to HARPC Developed in the 50s Critical Control Points Required for seafood and juice Expansion and industry standard 45

HACCP vs. HARPC Hazard Analysis and Critical Control Points Food for astronauts Post-process deterioration Critical control points Hazard Analysis and Risk-based Preventive Controls An ounce of prevention is worth a pound of cure. Supply Chain Program and Recall Plan Individual responsibilities 46

Preventive Controls Food Safety Plan Written by a Preventive Controls Qualified Individual (PCQI) Signed by the owner or managing agent of the facility 47

Preventive Controls Risk Analysis Identify and evaluate the risks associated with a certain food Naturally occurring Unintentionally introduced Adulteration for economic gain Biological, chemical (including radiological), and physical 48

Preventive Controls Preventive Controls Steps to ensure food is handled in a sanitary manner Eliminate or reduce the risks associated with the foods Examples Sanitation Controls Process Controls Allergen Controls Recall Plan Supply Chain Program 49

Preventive Controls Supply Chain Program Verify controls applied by your suppliers Put controls in place for uncontrolled hazards Only use approved suppliers Determine adequate supplier verification activities Documentation 50

Preventive Controls PC Management Components Verification Validate controls Verify monitoring and corrective actions Calibrate instruments Product sampling and testing Record review 51

Preventive Controls PC Management Components Monitoring How to monitor the preventive controls Adequate frequency Recordkeeping 52

Preventive Controls PC Management Components Corrective actions What to do in case of a non-compliance Recordkeeping Maintain records for at least two years after their creation 53

Preventive Controls Exemptions and modified requirements: Retail establishments (restaurants and stores) Qualified facilities Juice and Seafood HACCP Alcoholic beverages Dietary supplements USDA products Farms Unexposed, packaged food in warehouses 54

Compliance Deadlines (Human Food) Compliance deadlines for all covered human food facilities have passed. Facilities with >500 full-time equivalent employees: September 19 th, 2016 Small businesses (<500 employees): September 18 th, 2017 Very small businesses/qualified facilities: September 17, 2018 55

Compliance Deadlines (Animal Food) Facilities with >500 full-time equivalent employees: September 18 th, 2017 Small businesses (<500 employees): September 17 th, 2018 Very small businesses/qualified facilities: September 17, 2019 56

Qualified Facility Attestation Compliance deadline for very small human food businesses passed on September 17, 2018. These facilities must either: Submit Qualified Facility Attestation to FDA by December 17, 2018, or Implement a written HARPC Food Safety Plan and Supply Chain Program 57

Qualified Facility Attestation Exempts qualified facilities from Preventive Controls requirements to: Maintain a written Hazard Analysis and Risk-based Preventive Controls (HARPC) Maintain a written Supply-Chain Program. 58

Who Qualifies for the Exemptions? Very Small Businesses: Businesses (including all subsidiaries and affiliates collectively) that have averaged less than $1,000,000 (adjusted for inflation) in global sales of food for human consumption plus the market value of unsold food inventory per year during the previous three calendar years 59

Qualified Facility Wizard Determine whether your facility is eligible to file an attestation at www.registrarcorp.com/qfa-wizard/ 60

Enforcement of Preventive Controls How will FDA enforce this requirement? Audit of importer s Foreign Supplier Verification Program ( FSVP ) Facility inspections What is a Foreign Supplier Verification Program? Another requirement of FMSA, placed on Importer Just like you have to develop a Food Safety Plan, your Importers have to develop a FSVP 61

Enforcement of Preventive Controls What are the consequences for failure to comply? FDA Warning Letters Import Alerts Detentions and Refusals in Port Suspension of registration Civil and criminal charges Damage to company image 62

Finding Customers 63

Finding Customers 64

Final Advice 65

Registrar Corp s Solutions Registrar Corp provides a full range of fixed-fee compliance services: Registration & U.S. Agent Service Prior Notice Filings Labeling, Ingredient, and Product Review LACF FCE Wizard, SID Verifier Food Safety and FSMA Compliance Services Mock Inspections, Food Safety Plans, FDA Compliance Monitor Detention Assistance DWPE Petition Submissions 66

67

Let us be your resource on FDA regulations. Questions & Answers 68

Contact Us Registrar Corp Headquarters 144 Research Drive Hampton, Virginia USA 23666 P: +1-757-224-0177 F: +1-757-224-0179 info@registrarcorp.com www.registrarcorp.com 69