Final rule on detention of adulterated, mislabeled food published

The U.S. Food and Drug Administration (FDA) can now detain food products if the agency believes them to be adulterated or mislabeled, thanks to a final rule announced yesterday.

Prior to the update, FDA needed “credible evidence” the food product posed a threat to public health prior to detaining the product. The final rule adopted an interim rule published in 2011 on food detention with no changes, according to FDA.

The changes to the rule brought it in line with the 2011 Food Safety Modernization Act (FSMA), the most sweeping food safety overhaul since the early 1900s. The law aims to make the U.S. food safety system more proactive rather than reactive to food safety threats, such as contamination and pathogens.

Products detained under the new rule can be held and kept from market for 30 days to give the agency time to decide whether additional enforcement, such as a seizure, is warranted.

Comments are closed.