Most food companies have been diligent in developing and implementing food safety plans to ensure compliance with the Food Safety Modernization Act (FSMA). And yet, when talking to people working in various management positions in these companies, it is not uncommon to hear them express concern about whether their plans are adequate to protect them if a problem should arise.
And while the level of stress and strain that people are feeling over the uncertainty of compliance may vary, individuals holding executive positions are eagerly looking for a greater sense of confidence that their companies are truly compliant with FSMA requirements.
One area that seems to be causing a great amount of uneasiness is food transportation.
The ink on the U.S. Food and Drug Administration (FDA)’s Sanitary Transportation rule (STR) has long dried, and while the specific requirements have been defined and discussed in countless webinars and food safety trainings, it seems as though there continues to be confusion about what compliance with the rule should actually look like in practice.
Now well into the second year after its publication, it is time to drill down on the issues that have become barriers to full, satisfactory compliance with the STR.
Now in the Same Corner—Mutual Compliance
A primary contributing factor to this lack of clarity seems to be that in its effort to ensure food is safe and secure throughout the supply chain, FDA has created a critical relationship between two industry groups that, while historically coexisting in typical business arm’s-length professional transactions, must now work much more closely together toward mutual FSMA compliance.
One group regulated under the STR consists of food industry members that grow, store, load, process, ship, and/or receive foods that are dry, fresh, and/or require temperature control for food safety. The other group that is now responsible for compliance under the rule is the trucking companies that actually transport the food. These are typically owner-operators, which range from those having a fleet size of fewer than five tractors and trailers to large carriers with fleet sizes in the thousands using employee drivers.
Previously, food companies needed their products transported, and they did not get involved in the actual process of transportation other than to select a carrier and make sure that pertinent pick-up and delivery information was properly dispatched. FSMA compliance now essentially requires food companies to become liable partners with their carriers.
Members of the food industry know that their products need to move, but the details and nuances of how that transportation happens are typically managed by one group in their company: the logistics department. Today, over a year since the rule became enforceable, there are employees in these logistics roles who have
little to no knowledge of the STR.
Many people have asked whether the rule is actually being enforced, and if so, what should a company expect if and when it is asked to produce proof of compliance. While published reports of actual investigations relating specifically to the rule are difficult to find, shippers and truck drivers have informally referred to instances when, during an inspection for FSMA or Department of Transportation (DOT) compliance, an inspector informally asks questions specifically related to compliance with the STR. A closer look at enforcement is discussed later.