There has been some uncertainty about FDA’s plan to implement preventive controls and other provisions of the Food Safety Modernization Act (FSMA) because the agency has not yet issued regulations implementing the law. Under the law, the new preventive controls requirements took effect on July 3, 2012, even without FDA regulations. The Snack Food Association (SFA) reports it has received some clarification from FDA, with the agency stating it does not plan to enforce compliance with the preventive controls until sometime after the final regulations are issued.
Since FDA hasn’t issued proposed rules, SFA says enforcement isn’t likely to occur for some time. SFA cites Michael Taylor, FDA deputy commissioner for foods, as the source of clarification. In a letter to SFA, Taylor reminded food companies that the agency will “continue to take action as appropriate” under the statute when a company is “operating under insanitary conditions or otherwise failing to operate safely.”