The FDA announced in early January that the agency would be using its discretion not to enforce certain of the rules promulgated under the Food Safety Modernization Act the as they apply to specific entities or activities. The enforcement discretion applies to provisions in the : Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food rule, Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals rule Foreign Supplier Verification Programs Rule, and Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption rule. The discretion relates to facilities impacted by the confusion under the definition of “Farms;” written assurance provisions in the rules concerning the control of identified hazards or microorganisms that could be a risk to public health. Their discretion will also be applied to animal food preventive controls for certain manufacturing/processing activities performed on human food by-products that are to be used as animal food; and initially as to the verification requirements for importers of food contact substances.
Craig A. Tristao is a Partner in the litigation and transactions departments of the firm’s Fresno office. He provides representation to clients in litigation matters involving agricultural law, environmental law, construction law, land use and natural resource law, water law, probate and estates, and eminent domain matters that involve the California High Speed Rail Authority. Craig also assists clients with regulatory compliance issues concerning the Clean Water Act (CWA), the Porter-Cologne Act, and the Clean Air Act (CAA). In addition to litigation, Craig also represents clients before the Regional Water Quality Control Boards and the State Water Resources Control Board, air districts, and the Contractors State License Board (CSLB). He has also been named a Super Lawyers “Rising Star” for 2015-2018 (2.5% of lawyers practicing under 10 years). You can contact Craig at (559) 248-4820 or ctristao@ch-law.com.