Court: FDA gets extension on adulteration rule, other drafts must be released by end of month

tasty HamburgerAn appeals court has ruled against a U.S. Food and Drug Administration (FDA) effort to allow for more time before releasing remaining rules stemming from the 2011 Food Safety Modernization Act (FSMA).

The Ninth Circuit Court of Appeals reaffirmed that the agency must release all draft FSMA rules by Nov. 30, save for the intentional adulteration rule, which must be released by Dec. 20. The court gave FDA extra time in releasing that rule in light of the government shutdown, according to The Hill.

The intentional adulteration rule is slated to help protect the food supply using science-based methods to prevent “intentional contamination due to sabotage, terrorism, counterfeiting, or other illegal, intentionally harmful means”, FDA notes.

The ruling came after FDA appealed the court’s earlier decision on the Nov. 30 deadline.

The ruling is part of a lawsuit filed by the Center for Food Safety (CFS) against the FDA over FSMA deadlines the agency has missed. Congress had ordered the rules completed by last July; however, there were delays in publishing proposed rules. CFS filed the lawsuit last August.

Two weeks ago, FDA released the latest FSMA rule, which focused on preventive controls for pet food and animal feed.

For all of our FSMA coverage, click here.

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