FDA issues guidance on intent not to enforce certain FSMA rules

On March 11, 2022, the U.S. Food and Drug Administration (FDA) issued guidance on its intent not to enforce certain provisions of five rules that implement the FDA Food Safety Modernization Act (FSMA).

The guidance read in part:
“As we began implementation of these rules, the FDA received questions and comments from stakeholders regarding specific provisions. In certain situations the FDA has determined it is appropriate to take time to consider options, including rulemaking, to address concerns raised by stakeholders, while continuing to protect public health. As we work on solutions, the agency does not intend to enforce these provisions as they currently apply to entities or activities addressed in the guidance.”

The enforcement discretion policies announced today are specific to provisions in the following rules:

  • Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food,
  • Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Animal Food,
  • Foreign Supplier Verification Program (FSVP),
  • Produce Safety (PSR), and
  • Intentional Adulteration (IA).

In many instances, this guidance builds upon previously announced enforcement policies. [Read More]