May 28, 2015
FDA is proposing new regulations on registering food facilities;
Agency ignores the clear language of the Tester-Hagan amendment 
Join Our Mailing List
Quick Links
About Us
Follow Us


The FDA is proposing a new regulation that amends the current requirements for any business that holds, stores, manufactures, or processes food (termed "food facility") to register each location with the FDA.  

The Tester-Hagan amendment to the federal Food Safety Modernization Act sought to reduce the scope of this pre-existing requirement by exempting any food business that sells the majority of its food directly to consumers at locations such as roadside stands and farmers markets. The amendment directed FDA to develop a list of other direct-to-consumer venues that would be considered, and the agency has developed a rather comprehensive list.  But the FDA's proposed rule only exempts farms selling at such direct-to-consumer locations  -- leaving many small artisan food producers subject to unnecessary regulation.  

In addition, for those businesses that must register, the proposed rule requires electronic registration and a contact email address.  The proposed rule also requires that every food business also register with Dun & Bradstreet's system to get a universal number, which is then also filed with the FDA.  These new requirements will burden small food businesses whose owners do not have convenient internet access or use email regularly, whether for religious or practical reasons.

The FDA is accepting public comments on the proposed rule - please support local food producers by speaking up now!

  takeaction 

TAKE ACTION 

 

Deadline: June 8, 2015

 

ONLINE: http://www.regulations.gov/#!submitComment;D=FDA-2002-N-0323-0168 

 

BY MAIL:       

Division of Dockets Management (HFA-305)

Food and Drug Administration

5630 Fishers Lane

Rm.1061

Rockville, MD 20852

 

Be sure to include "Docket No. FDA-2002-N-0323" on the top of your comments if you mail them

 

Below is a sample letter that you can use.  Please take a moment to personalize it, to have the greatest impact! 

SAMPLE LETTER

  

I am a ____________ (farmer, food manufacturer, local foods consumer ....).

 

I support the list of direct-to-consumer venues in section 1.227(b)(11)(iii), as including door-to-door sales, mail, catalog and internet orders, nonprofit events, and fairs.

 

I urge the FDA to make the following changes to its proposed rule for facility registration:

1)      Comply with the Tester-Hagan language of FSMA, and exempt all facilities that sell more than half of their products directly to consumers at roadside stands, farmers' markets, and similar locations. The exemption should not be limited to facilities that are located on farms.

2)      Similarly, the definition of roadside stands should not be limited to farmers, and the definition of farmers' market should recognize that food vendors besides farmers may also sell at such markets. I agree that the majority of the vendors at a market should be farmers for it to be classified as a "farmers market," but artisan food providers have an important role in these markets as well.

3)      Clarify the process for getting a waiver from registering electronically. The regulation should specifically recognize religious objections and lack of reasonable access to the internet as reasons to grant a waiver, in addition to such other issues as may be raised by applicants.

4)      Provide an exemption for those who do not have email addresses as a regular contact.

5)      Eliminate the requirement for a D-U-N-S number or make it optional information to be submitted if the location already has a D-U-N-S number. It does not make sense to require a small business to register with Dun & Bradstreet for the sole reason of then also registering with the FDA.

 

 

[Name]

[State] 


 

MORE INFORMATION  

 

Get more information on the problems with the proposed regulations on our website, at http://farmandranchfreedom.org/comments-needed-fda-registration-rule/

donateSupport our work
 
Whether you are a farmer, producer, or consumer, it takes more than growing and buying local. 
 
 
We need to change the rules that favor Big Agribusiness and Big Food over small-scale, local producers.  FARFA works to change the laws at the local, state and federal levels to support our local food system!
 
Please consider joining or making a donation to FARFA for the work we do to support independent family farmers and protect a healthy and productive food supply for Texas consumers. 

  

Our work depends entirely on the financial support of grassroots supporters like you: farmers, ranchers, small-business owners, home food producers, and local food advocates. Help us continue to make sure that the voice of independent agriculture is heard loud and clear!

Working together, we can make our voices heard.
 
Sincerely,
Judith McGeary 
Farm and Ranch Freedom Alliance
www.FarmAndRanchFreedom.org