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Overview i FDA Food Safety FDA Food Safety Modernization Act S ection 104. Performance Standards Mickey Parish, Ph.D. FDA/CFSAN/OFS Senior Advisor for Microbiology Senior Advisor for Microbiology Lead, FSMA Contaminants Working Group FSMA


  1. Overview i FDA Food Safety FDA Food Safety Modernization Act S ection 104. Performance Standards Mickey Parish, Ph.D. FDA/CFSAN/OFS Senior Advisor for Microbiology Senior Advisor for Microbiology Lead, FSMA Contaminants Working Group

  2. FSMA Implementation Approach FSMA Implementation Approach • Implementation is underway p y • Transparency a priority • Focus on public health protection p p • Engage with stakeholders to help determine reasonable and practical ways to implement provisions i i

  3. Strategic Communications Implementation Executive Committee & Outreach Team – Federal/State Reports & Prevention Inspection & Imports Fees Integration g Studies Standards Standards Compliance Compliance Importer Reports to Mandatory Recall Mandatory Recall Inspection & Operational Produce Safety Verification & Congress/ / Recall Auditor Fees Partnership Regulation VQIP Studies Communications Communications Import Administrative Produce Safety Certification Enforcement Guidance Capacity Tools Building Accredited Preventive Third- Party y Controls Certification Registration Regulation Lab Accreditation Lab Accreditation Training Preventive & Integrated Frequency of Controls Consortium / Inspection Guidance FERN Safe Food Manner of International Inspection / Transport Capacity Food Safety Sec 204. Includes: High risk foods to inform Building Plan Review record keeping for tracking and tracing Food Defense Comparability Comparability Tracing Sec 104a. Most significant foodborne contaminants Task A: Contaminants RFR guidance document Prior Notice Improvements

  4. Rulemaking Process Rulemaking Process • Rulemaking is open and public • Rulemaking is open and public. • Draft rules are published on http://www regulations gov http://www.regulations.gov. • Time is allowed for public comment, and FDA is required to consider significant comments during the required to consider significant comments during the rulemaking process. • Check http://www.fda.gov/fsma to find out what is Check http://www.fda.gov/fsma to find out what is open for comment.

  5. FSMA Section 104 FSMA Section 104 Performance Standards f d d

  6. FSMA Section 104 Performance Standards FSMA Section 104. Performance Standards (a) IN GENERAL.—The Secretary shall , in coordination with the Secretary of Agriculture, not less frequently h h f l l f l than every 2 years, review and evaluate relevant health data and other relevant information, including health data and other relevant information, including from toxicological and epidemiological studies and analyses, current Good Manufacturing Practices issued by the Secretary relating to food, and relevant i d b th S t l ti t f d d l t recommendations of relevant advisory committees, including the Food Advisory Committee, to g y , determine the most significant foodborne contaminants.

  7. FSMA Section 104 Performance Standards FSMA Section 104. Performance Standards (b) GUIDANCE DOCUMENTS AND REGULATIONS.—Based on the review and evaluation conducted under subsection (a), and when appropriate to evaluation conducted under subsection (a), and when appropriate to reduce the risk of serious illness or death to humans or animals or to prevent adulteration of the food under section 402 of the Federal Food, Drug, or Cosmetic Act (21 U.S.C. 342) or to prevent the spread by food of communicable disease under section 361 of the Public Health Service Act i bl di d ti 361 f th P bli H lth S i A t (42 U.S.C. 264), the Secretary shall issue contaminant ‐ specific and science ‐ based guidance documents , including guidance documents regarding action levels, or regulations . Such guidance, including guidance g g , g g , g g regarding action levels, or regulations— (1) shall apply to products or product classes; (2) shall, where appropriate, differentiate between food for human consumption and food intended for consumption by animals other than humans; and (3) shall not be written to be facility ‐ specific.

  8. FSMA Section 104 Performance Standards FSMA Section 104. Performance Standards (c) NO DUPLICATION OF EFFORTS.—The Secretary shall (c) NO DUPLICATION OF EFFORTS. The Secretary shall coordinate with the Secretary of Agriculture to avoid issuing duplicative guidance on the same contaminants. Key role for IFSAC to provide forum for discussions with FSIS on Most Significant Foodborne Contaminant attribution and to provide database for FSMA Contaminant Working Group to provide database for FSMA Contaminant Working Group analysis.

  9. FSMA Section 104 Performance Standards FSMA Section 104. Performance Standards (d) REVIEW.—The Secretary shall periodically review (d) REVIEW. The Secretary shall periodically review and revise , as appropriate, the guidance documents , including guidance documents regarding action levels, or regulations promulgated under this section. The effort to determine Most Significant Foodborne Contaminants (104a) will be revisited every two years. Other Contaminants (104a) will be revisited every two years. Other guidance and regulations under 104b will be periodically reviewed and revised.

  10. Current Thinking in FDA regarding 104(a) g g g ( )

  11. Current Thinking in FDA Current Thinking in FDA Guiding Principals for Determining MSFC: Guiding Principals for Determining MSFC: 1. Utilize objective public health data when available 2 Science ‐ based 2. Science based 3. Seek public input 4 Transparent process 4. Transparent process

  12. Current Thinking in FDA Current Thinking in FDA 1. Three ‐ Track Approach 1 1. Pathogen Pathogen – Food category pairing Food category pairing Based on CDC database and food categories IFSAC involvement and cooperation Rank pathogens within food categories by cost and QALYs 2. Chemical contaminants Less public health data available p Supplement data with qualitative analysis Allergens, elementals, mycotoxins, seafood toxins, pesticide residues other chemicals residues, other chemicals 3. Animal food/feed Based on CVM data and expertise

  13. Current Thinking in FDA Current Thinking in FDA 2. Emphasis on contaminants with robust public health data 2 E h i t i t ith b t bli h lth d t (illnesses, hospitalizations and deaths) 3. Considerations related to contaminants having effective g regulatory controls in place (e.g., pesticides, mycotoxins) 4. Considerations of contaminants with acute reactions versus those with chronic long ‐ term exposure issues h i h h i l i 5. Considerations for determining “most significant” versus “significant” status significant status

  14. For more information For more information • Web site is at http://www fda gov/fsma http://www.fda.gov/fsma • Watch for FSMA MSFC 104 open docket 104 open docket announcement • Subscription feature Subscription feature available • Send questions to Send questions to FSMA@fda.hhs.gov

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