After a short delay, FDA has now opened the re-registration process for use by food facilities. DO NOT LET THESE DEADLINES PASS. The Food Safety Modernization Act ("FSMA")requires all food facilities (those that that manufacture, process, pack or hold food for consumption in the U.S.) to re-register with the FDA between now and December 31, 2012.
Prior to FSMA, food facilities were required to register with the FDA only once; this registration requirement was viewed as a step by the FDA to protect the public from a threatened or actual terrorist attack on the U.S. food supply and other food-related public health emergencies. Once registered, there was no obligation to renew that registration. That has now changed under FSMA, which specifically requires that all food facilities – domestic and foreign – re-register with the FDA between now and December 31, 2012, and to renew that registration every two years going-forward.
Failure to register with the FDA will have an immediate impact - selling food in the U.S. marketplace without a valid FDA registration number is prohibited, subjecting the violator to potential fines and penalties. Attempting to import food into the U.S. without a valid FDA registration number will result in that food being denied entry. So, timely re-registering is critical to operations for food facilities. If you have questions or concerns about the registration process, including whether it's applicable to you, don't hesitate to contact us.
Varnum's Food Law practice includes more than a dozen attorneys experienced in the sophisticated areas of law that apply to food regulation. We help regulated businesses bring their products to market. In particular, we counsel USDA- and FDA-regulated businesses in the following areas:
Product labeling, advertising and other promotional materials.
The regulatory scheme affecting or governing such products, including mandatory and voluntary submissions (FDA-required petitions and notifications) and...