The Food and Drug Administration (FDA)  has published three waivers  to the now final Sanitary Transportation rule mandated by the  Food Safety Modernization Act (FSMA).

 The waivers are for businesses whose transportation operations are subject to separate State-Federal controls. They include:

• 

  Businesses holding valid permits that are inspected under the National Conference on Interstate Milk Shipments’ Grade “A” Milk Safety Program, only when transporting Grade “A” milk and milk products.

• Food establishments authorized by the regulatory authority to operate when engaged as receivers, or as shippers and carriers in operations in which food is delivered directly to consumers, or to other locations the establishments or affiliates operate that serve or sell food directly to consumers. (Examples include restaurants, supermarkets and home grocery delivery services.)
• Businesses transporting molluscan shellfish (such as oysters, clams, mussels or scallops) that are certified and inspected under the requirements established by the Interstate Shellfish Sanitation Conference’s (ISSC) National Shellfish Sanitation Program (NSSP) and that transport the shellfish in vehicles permitted under ISSC authority.

 More information regarding the Sanitary Transportation rule (including a discussion of the comments FDA received on these waivers), and any of the FSMA provisions, is available at FDA.gov.

 Further Information can be found here:

Federal Register Notice