The first rule strengthens FDA’s ability to prevent potentially unsafe food from entering commerce. It gives the FDA administrative power to detain food the agency believes has been produced under unsanitary or unsafe conditions. Previously, FDA’s ability to detain food products applied only when it had credible evidence a food product was contaminated or mislabeled in a way that presented a threat of serious adverse health consequences or death to humans or animals.
Beginning in July, FDA will be able to detain food products it has reason to believe are adulterated or misbranded for up to 30 days, if needed, to ensure they are kept out of the marketplace. The products will be quarantined while the agency determines whether an enforcement action such as seizure or federal injunction against distribution of the product in commerce is necessary.