The US Food and Drug Administration issued an interim final rule
amending its regulations on record-keeping by food and pet food companies be
consistent with the agency's authority for access to records, which was expanded
by the Food Safety Modernization Act.
The new interim final rule, effective March 1, makes the reference to records
access in the food-firm record-keeping requirements under the Food Safety
Modernization Act consistent with the current statutory language in the Federal
Food, Drug and Cosmetic Act. The interim final rule also allows FDA access to
records beyond those relating to specific suspect food articles, if the agency
has a reasonable belief that other products are likely to be affected in a
similar manner.
FDA published a new draft guidance, “Draft Guidance for Industry: FDA Records Access Authority under
Sections 414 and 704 of the Federal Food, Drug, & Cosmetic Act,” to
provide more detailed information regarding the updated record-availability
requirement. This latest draft guidance is a revision of FDA’s November 2005
guidance, “Guidance for Industry and FDA Staff Guidance for Records Access
Authority Provided in Title III, Subtitle A, of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002; Final Guidance.” FDA
also published an updated "Guidance for Industry: Questions and Answers Regarding
Establishment and Maintenance of Records (Edition 5)," to be consistent with
new Food Safety Modernization Act requirements.
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