Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin instagram youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • Sponsored Insights
    • Sponsored White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • NEWSLETTERS >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
RegulatoryFDAFSMA

Implementing FSMA: Records Management

May 19, 2015

Food Safety Magazine (FSM) spoke with Ronald J. Levine, Esq., of Herrick, Feinstein LLP, a New York law firm, on his recommendations for handling records management under the Food Safety Modernization Act (FSMA).

FSM: Why is it vital to place an emphasis on document management when it comes to food safety?

Levine: The [U.S. Food and Drug Administration] FDA has broad access to records. Records are the company’s best opportunity to show the FDA that it is in control of its food safety, and it also helps the company tell the best possible story. In the event of a potential food safety violation, there will always be a serious question whether the appropriate action was taken if it has not been documented. Also, inadequate compliance with documentation can have serious ramifications for the company.

FSM: Are there some records which are more important than others?

Levine: The short answer is no. Every record is equally important because almost every conceivable type of record has the potential to be implicated in the courtroom. That means that everyone in the company and at all facilities needs to be fully engaged and aware of potential ramifications when considering and handling records management. The requisite food safety plan and the host of records involving everything from sanitation to allergen controls to good manufacturing process has the potential to be implicated in litigation concerns for the company.

One thing to note is that the FSMA’s special focus on foreign supplier verification will also involve record maintenance and review on an international basis, meaning the company’s records management specialists will need to understand both U.S. and foreign records management practices and laws.

FSM: Do you have any recommended rules for companies to follow?

Levine: As a food industry attorney, my first commandment is “thou shalt watch your language.” All companies and employees need to assume that anything written or typed has the potential to be taken out of context, read by competitors, and used against you and/or the company.

Not to mention, it should also be assumed that electronic documents and especially emails can become permanent records. An employee might throw out a note. It may not be possible to delete an email. Employees don’t always understand how a choice phrase can be taken out of context and twisted by an adversary. I also recommend all employees within a food company go through a mandatory training session with the legal team, so they can understand the potential implications of their correspondence.

FSM: Do you have recommendations for legal-friendly email drafting?

Levine: As a general rule, try not to commit anything to writing which you would not want to see on the front page of The New York Times. Avoid emails on sensitive topics when a phone call or meeting would be sufficient. Absolutely don’t send emails during a fit of anger or frustration and don’t use emails to vent. Employees should also be told to avoid speculating on potential liability or any pending cases. They should also be encouraged to avoid conclusive legal words, such as violated and liability.

If and when potentially harmful emails get into the system, I would encourage employees receiving the problematic email to consider whether they should “correct the record.” Sometimes, it will be important to reply to potentially harmful emails—and that reply email may be a critical document if the matter goes to trial.

Employees need to be reminded that the signature on the email is the company’s signature, not just the employee’s signature. Though it may sound harsh, remember that everyone who receives an email can become a potential witness.

Ronald J. Levine, Esq., is an attorney with Herrick, Feinstein LLP, a New York law firm.

>
Author(s): Q&A with Ronald J. Levine

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

Share This Story

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Contamination Control
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Management
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Contamination Control
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to Newsletters
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Man In Warehouse
    Sponsored byRentokil

    Mitigating Hidden Rodent Risks in Food Facilities

  • an industrial manufacturing or processing facility
    Sponsored bybioMérieux

    Get Ahead of Spoilage in Food Manufacturing with Metagenomics for Preventive Monitoring

  • an automated industrial production line used in a modern food factory
    Sponsored byIFC

    A Formula for Food Processing Pest Management

Popular Stories

iceberg lettuce growing

Cyclospora Outbreak Linked to Taylor Farms Lettuce Ends with Nearly 13,000 Illnesses, Two Deaths

baby being spoon-fed jarred baby food

EU Expands Maximum Levels for Three Contaminants in Infant and Baby Foods

scoop and tub of protein powder

Polish Study Finds PFAS in All Tested Commercially Available Plant-Based Protein Supplements

allergens ebook

Events

September 22, 2026

From EFSA to Enforcement: Managing the Growing Complexity of EU MRLs

Live: September 22, 2026 at 11:00 am EDT: Attend this webinar to evaluate best practices for monitoring regulatory changes and protecting market access.

September 24, 2026

Benchmarking Foreign Material Contamination in 2026: What the Data Shows

Live: September 24, 2026 at 2:00 pm EDT:  From this webinar, attendees will learn what is driving investment decisions, and the factors FSQA and ops leaders weigh when making the case for new prevention technology.

September 29, 2026

How to Talk to Your Board of Directors About Food Safety

Live: September 29, 2026 at 11:00 am EDT: Attend this webinar to learn how to position food safety as a material enterprise risk with measurable financial, operational, and reputational impacts relevant to Board-level decision-making.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • 7516Records.jpg

    Records and Information Management: A Key Ingredient for Efficient Food Business Operations and Audit Preparedness

    See More
  • McCloud Services Pat Hottel

    Implementing FSMA compliance through pest prevention

    See More
  • Implementing FSMA

    Implementing FSMA

    See More

Related Products

See More Products
  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • 9781138198463.jpg

    Food Safety Management Programs: Applications, Best Practices, and Compliance

  • 9781032369990 (1).webp

    Food Safety Quality Control and Management

See More Products

Events

View AllSubmit An Event
  • June 30, 2026

    FSMA 204 in Practice: Building a Traceability-Ready Operation

    On Demand: Attend this webinar to learn how food businesses can move from fragmented records toward a more reliable approach for recall response, FDA requests, and supply chain visibility.
View AllSubmit An Event

Related Directories

  • OurRecords Inc.

    OurRecords provides a modern vendor compliance and food safety management platform designed for manufacturers and suppliers. Leveraging advanced AI, we automate document intake, data extraction, and compliance workflows, improving accuracy and efficiency. Gain real-time visibility, reduce risk, and streamline audits with intelligent, scalable solutions built for food safety excellence today.
  • Smrtr

    SMRTR’s Supplier Compliance Portal helps food and beverage companies take control of compliance with smarter, faster processes. From automating supplier onboarding and managing supplier records to meeting FSMA 204 traceability requirements, our solution streamlines every step. Reduce costs, speed up approvals, and maintain the highest standards in food safety and regulatory compliance—with greater accuracy and total visibility.
  • DeJong Operations Management and Consulting LLC

    DeJong Operations Management & Consulting LLC was established after a gap was identified – the need for flexible, dependable, and solutions-oriented resources who would develop plant designs, uncover efficiencies, share cross-industry insights, and provide process management for companies of all sizes. With 13+ years of experience working in the industry, the DeJong Operations Management & Consulting LLC team brings dedication and creative thinking to help solve customers’ process and plant operations challenges. There is no challenge too complex for our team to solve and no business too small for us to partner with. From plant and process design through sourcing, installation, and training, we can help maximize your plant’s productivity while leveraging your existing footprint.
×

Never miss the latest news and trends driving the food safety industry

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing