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Food Safety Modernization Act (FSMA): International Adulteration Larisa Pavlick VP, Global Regulatory & Compliance United Natural Products Alliance June 12, 2019

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Page 1: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Food Safety Modernization Act (FSMA): International Adulteration

Larisa PavlickVP, Global Regulatory & ComplianceUnited Natural Products Alliance

June 12, 2019

Page 2: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

…the greatest

collection of brilliant

minds!

UNPA © 2019

Who is UNPA?

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Food Safety Modernization Act (FSMA) and the seven foundational rules including:

• Preventive Controls for Human Food (PCHF)

• Foreign Supplier Verification Programs (FSVP)

• Mitigation Strategies to Protect Food Against Intentional Adulteration (IA rule)

Key words: modernization, prevention, proactive, science and risk based

Why is FSMA important?

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• What is required to be compliant with the IA Rule?

• Responsibilities of Food Defense Qualified Individual

• Food Defense Plan

• Vulnerability Assessment and Mitigation Strategies

• Resources

FSMA: Intentional Adulteration Rule

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Intentional Adulteration Rule

UNPA © 2019

What?• “…aimed at preventing

intentional adulteration from acts intended to cause wide-scale harm to public health, including acts of terrorism targeting the food supply.”

• 21 CFR Part 121• Docket ID: FDA-2018-D-1398 https://www.fda.gov/media/98085/download

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FDA Guidance Document

UNPA © 2019

Acts of IA may include:• Acts intended to cause wide scale public

health harm• Terrorism focused on the food supply• Disgruntled employees• Consumers• Competitors• Economically Motivated Adulteration (EMA)

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IA Rule

UNPA © 2019

Key Provisions:1. Establish and implement a required Food Defense Plan

• Written • Like a HACCP evaluation or PCHF - Food Safety Plan• Evaluation and control of food safety hazards and strengthen

necessary safeguards

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UNPA © 2019

Four Subparts: A: General

B: ReservedC: Food Defense Measures

D: RecordsE: Compliance

Page 9: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Applicability (21 CFR Part 121.1)

• Domestic or foreign food facility• Manufacture, process, pack or hold food for consumption in the U.S.• If required to register with the FDA-Food Facility Registration (FFR)

FFR via the FDA electronic portalhttps://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/registration-food-facilities

UNPA © 2019

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Exemptions (21 CFR Part 121.5)

a) Very Small business. Modified requirements.b) Holding of food, except liquid storage tanksc) Packing, repacking, labeling, or re-labeling if in intact finished

product packaging. For example: into master cartonsd) Farm activitiese) Alcoholic beveragesf) Animal foodg) On-farm manufacturing activities for eggs or game meat.

UNPA © 2019

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Subpart C: Food Defense Measures

UNPA © 2019

• FDP• Vulnerability Assessment (VA)• Mitigation Strategies (MS)• Monitoring

• Corrective Action• Verification• Reanalysis

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Subpart C: Food Defense Measures

UNPA © 2019

Page 13: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

121.126 (b): Contents of a FDP

UNPA © 2019

1. Written Vulnerability Assessment2. Written Mitigation strategies3. Written procedures for FD monitoring4. Written procedures for corrective actions5. Written procedures for verification

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Subpart E: Compliance (21 CFR Part 121.401)

UNPA © 2019

• Section 420: Protection against intentional adulteration• Subpart C: Food Defense Measures• Subpart D: Records

Failure equals FDA regulatory consequences

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FDA Guidance Document

UNPA © 2019

https://www.fda.gov/regulatory-information/search-fda-guidance-documents/draft-guidance-industry-mitigation-strategies-protect-food-against-intentional-adulteration

Published initially June 2018 March 2019…with an additional 65 pages for a total of 159!

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FDA Guidance Document

UNPA © 2019

• FDA Guidance documents are not legally binding or enforceable responsibilities.

• “…our current thinking on the topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited.”

• Once completed it will include nine chapters and four appendix

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FDA Guidance Document

UNPA © 2019

https://www.fda.gov/regulatory-information/search-fda-guidance-documents/draft-guidance-industry-mitigation-strategies-protect-food-against-intentional-adulteration

• Chapter 1: Food Defense Plan• Chapter 2: Vulnerability Assessment• Chapter 3: Mitigation Strategies (MS)• Chapter 4: MS Monitoring• Chapter 8: Training• Appendix 1: FDP Worksheets • Appendix 4: VA Examples

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FDA: Food Defense Plan Builder

UNPA © 2019

https://www.accessdata.fda.gov/scripts/fdplanbuilder/

Page 19: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Intentional Adulteration Rule

UNPA © 2019

https://www.regulations.gov/document?D=FDA-2018-D-1398-0025

Mitigation Strategies To Protect Food Against Intentional

Adulteration: Draft Guidance for Industry; Public Meeting

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Compliance Dates

UNPA © 2019

Very Small Small Other

< $10,000,000 sales and inventory per year in

human food sales average for three years

prior to compliance date

< 500 employees including all

subsidiaries and affiliates

All others • > $10,000,000 in

sales • >500 employees

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Compliance Dates

UNPA © 2019

Federal Register Publication Date:

May 27, 2016

Very Small Small Other

5 years 4 years 3 years

< $10,000,000 < 500 employees All others

July 26, 2021 July 27, 2020 July 26, 2019

Page 22: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Intentional Adulteration Rule

UNPA © 2018

Page 23: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Intentional Adulteration Rule

UNPA © 2018

Page 24: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Subpart A: General Provisions21 CFR Part 121.4: Qualifications of Individuals

UNPA © 2019

Subpart C (Food Defense Measures)

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Applicability (21 CFR Part 121.4)

UNPA © 2019

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QI Requirements

UNPA © 2019

• Received training in food defense awareness• Record of qualifications: background, education, training,

and experience• Successfully completed training for specific function and

including the “standardized curriculum”• Prepares food defense plan• Conducts vulnerability assessment• Identify and explain mitigation strategies• Reanalysis of this plan

Page 27: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Three Fundamental Elements of VA

UNPA © 2019

1.Potential public health impact if a contaminant were added2.Degree of physical access to the product3.Ability of an attacker to successfully contaminate the product

121.130(a)(1). (a)(2), and (a)(3)

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Key Activity Types

UNPA © 2019

• FDA developed method based on analysis of 50 vulnerability assessments

• Identify actionable processing steps

Most vulnerable, regardless of food commodity:• Bulk Liquid receiving and loading• Liquid storage and handling• Secondary ingredient handling• Mixing and similar activities

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Three VA Methods

UNPA © 2019

1. Key Activity Types: quick, clean, and efficient2. Create your own: using three functional elements 3. Hybrid: Combo of create your own and KAT

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FSPCA

UNPA © 2019

https://www.ifsh.iit.edu/sites/ifsh/files/departments/fspca/pdfs/FSPCA_IAVA_PARTICIPANT%20MANUAL_FINAL_V1.0_PUBLIC%20VERSION_2019%2004%2015.pdf

https://www.ifsh.iit.edu/sites/ifsh/files/departments/fspca/pdfs/FSPCA_FORM_0035_IA-Course-Cheat-Sheet_19-05-20.pdf

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USDA and FSIS and Food Defense

UNPA © 2019

https://www.fsis.usda.gov/wps/wcm/connect/53b140bf-8eca-41e6-95ef-6209f48c4371/Warehouse_Center_Checklist_2.pdf?MOD=AJPERES

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Next steps:

UNPA © 2019

• Assign, train, document qualifications of your QI • Establish and implement your Food Defense Plan• Obtain free training online via FSPCA• FSPCA paid online courses• If necessary, obtain face to face training for Vulnerability

Assessment when not using KAT approach. • More soon from UNPA regarding VA course

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UNPA © 2018

Page 35: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Food Safety Modernization Act (FSMA)

Intentional Adulteration Rule

• What is required to be compliant with the IA Rule

• Responsibilities of Food Defense QI

• Food Defense Plan

• Vulnerability assessment and Mitigation Strategies

• Resources

Why is FSMA important?

Page 36: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Questions?

Page 37: Food Safety Modernization Act (FSMA): International ... · Food Safety Modernization Act (FSMA) and the seven foundational rules including: •Preventive Controls for Human Food (PCHF)

Larisa E. PavlickUnited Natural Products Alliance

1075 E. Hollywood Ave.Salt Lake City, UT 84105

[email protected]

unpa.com© 2017 UNPA

Thank you!