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U.S. FDA Threatens Mandatory Recall on Pet Food Company

The U.S. Food and Drug Administration (FDA) threatened mandatory recall proceedings against Kasel Associated Industries due to Salmonella findings during an inspection. Kasel Associated Industries has since voluntarily recalled a group of its pet products[1] Though FDA did not formally recall the Kasel pet food and snacks, this is the first time that FDA has threatened to use its new mandatory recall authority, granted by the Food Safety Modernization Act (FSMA).[2]

FSMA, passed by the U.S. Congress and signed into law by President Obama in 2011, grants the FDA new enforcement powers and imposes new requirements on manufacturers, processors, packers and distributors of foods and beverages. One of these powers is the authority to suspend a company’s food facility registration and formally recall tainted food. FDA first used its FSMA power to suspend a company’s food facility registration last November when FDA suspended Sunland, Inc.’s food facility registration.

The Kasel Pet Food incident further illustrates FDA’s new food safety authority. Food and beverage manufacturers should note that FDA is increasing the number of food facility inspections and can initiate a mandatory recall of products if necessary. In addition, firms that failed to renew their food facility registration prior to the December 31, 2012 deadline (extended through enforcement discretion until January 31, 2013) may find their food shipments detained and their number invalid or cancelled in the coming months.

FDA has advanced warning of imports from facilities with invalid or cancelled FDA Registration numbers via “Prior Notice.” FDA must receive prior notice before food or beverage is imported or offered for import into the United States. Advance notice of import shipments allows FDA, with the support of the Bureau of Customs and Border Protection (CBP), to target import inspections more effectively and help protect the United States’ food supply against terrorist acts and other public health emergencies.

Registrar Corp is a FDA regulatory compliance firm that assists companies with their Food Facility Registrations, Renewals, and U.S. Agent requirements. As part of its U.S. Agent service, Registrar Corp’s Food Safety Departmentwill perform a Mock FDA Inspection of your facility at no additional charge, other than travel expenses, once FDA has specified a date for the inspection. Registrar Corp also provides Mock FDA Inspections for food facilities that have not designated Registrar Corp as their U.S. Agent or are located in the United States. For such food facilities, Registrar Corp provides the Mock FDA Inspection for a fee.

As part of the Mock FDA Inspection, Registrar Corp will dispatch a food safety expert from the United States to help the company prepare, so that the company knows what to expect when FDA arrives. The Mock FDA Inspection will cover the structure, processes, procedures and documentation used in daily production including (but not limited to) Hazard Analysis (HACCP), Food Defense Plan, GMPs, Food Labeling requirements, etc. If the inspection goes well, there should be no fear that FDA may wield its new power to suspend the inspected facility’s registration or recall a food product.

For more information about the Food Safety Modernization Act or any U.S. FDA regulation, please contact Registrar Corp 24/7 at http://www.registrarcorp.com/livehelp or phone Registrar Corp: +1-757-244-0177.

*Read more about U.S. FDA’s Food Safety Modernization Act (FSMA) activities in 2012

[1] Kasel Associated Industries Recall

[2] FDA’s Notification of Opportunity to Initiate a Voluntary Recall for Kasel Associated Industries





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