Industry News

District Judge Denies Extension for FSMA Implementation

August 19, 2013


A U.S. District Judge recently denied the Food and Drug Administration’s (FDA) request for an extension of time to develop two of its Food Safety Modernization Act (FSMA) rules.  On June 21, 2013, a District Court in California ordered the agency to comply with the following: publish all proposed FSMA mandated regulations by November 30, 2013, close all comment periods by March 31, 2014, and publish all final regulations by June 30, 2015.  In response, the FDA filed a motion requesting an extension until January 2013 to publish a proposed rule for sanitary transportation and until mid-2015 to publish a proposed rule for intentional contamination.  The Court rejected these requests, saying that it will not grant extensions that enable the FDA to repeatedly delay enactment of the FSMA when Congress has instructed the process be closed-ended.

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