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Final FDA Rule Allows Agency Increased Authority to Detain Adulterated Food

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The U.S. Food and Drug Administration (FDA) just announced a final rule which will strengthen the agency’s authority to use administrative detention to stop unsafe food from reaching the marketplace.

This rule puts the criteria for administrative detention in line with changes made to the Federal Food, Drug, and Cosmetic Act under the Food Safety Modernization Act (FSMA), which was signed by President Obama in January 2011, said. The biggest change is that, now, instead of needing hard evidence that food could present a health threat, the agency can confine food if it believes the product may be adulterated or misbranded.

The final rule adopts the interim final rule, “Criteria Used to Order Administrative Detention of Food for Human or Animal Consumption,” published in May 2011, without change, the FDA said in an update. “Under the final rule, the FDA can detain food if it believes that the food is adulterated or misbranded. The agency can keep the products out of the marketplace for a maximum of 30 days while the agency determines whether to take further enforcement action, such as seizure,” the agency said in its update.

The FDA also noted that the new criteria provides additional flexibility in its use of administrative detention and intends to use this tool as appropriate, said. The agency also said it will continue to employ warning letters and other actions in hopes of achieving voluntary corrective actions. disclaimer: This article: Final FDA Rule Allows Agency Increased Authority to Detain Adulterated Food was posted on Wednesday, February 6th, 2013 at 6:02 pm at and is filed under Food Poisoning Lawsuits.

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