Review: Final Rule for FSMA Preventative Controls Regarding Food Fraud and EMA – See 15-page Preliminary Report

This includes a link to our 15-page detailed, line-by-line review of the Food Fraud aspects of the FSMA Preventative Controls Final Rule in the previous blog post. Use this link to access the free report:

September 18, 2015

SUMMARY (150-word-brief): This is our review of the Food Safety Modernization Act Preventive Controls (FSMA-PC) Final Rule for Human Food and for Animal Food that was published yesterday. The Final Rule confirms that Food Fraud/Economically Motivated Adulteration (FF/EMA) must be addressed. FF/EMA is under Preventative Controls (Food Safety) and not Intentional Adulteration (Food Defense). This Final Rule only addresses FSMA-PC regulatory compliance and NOT all US Government or even all FDA Food Fraud-related requirements (e.g. another FSMA Section 309 covers Smuggled Food). Though a new FDA rule, it appears FSMA-PC compliance is achieved by meeting the most basic GFSI Food Fraud requirements. It would be logical – or forced if the US faces a horsemeat fraud type crisis – that the US Government will eventually more holistically address Food Fraud prevention. The rest of the world (e.g., EU, UK, China, and industry through groups such as GFSI) has holistically addressed the broader Food Fraud and prevention concept.  [150/150 words]

FUTURE RESEARCH: We will continue to review other aspects of these Final Rules, such as changes in definitions of terms, and then prepare a specific review of concepts such as what is a “hazard,” “reasonably foreseeable hazard,” a “qualified person,” and a “qualified auditor.” We will also further research other sections of FSMA that do – or could – address other aspects of food fraud such as smuggled food, supply-chain practices, and third-party certifications.

Reference: Please see our Fraud Insight “FFI Report” for more details:

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