Industry News

FDA Finalizes Food Detention Regulation

February 5, 2013


On February 5, 2013, the U.S. Food and Drug Administration (FDA) issued a final rule adopting changes to the criteria for ordering the administrative detention of human or animal food. The FDA previously laid out the changes in a May 5, 2011 interim ruling. Under the criteria in the final regulation, the FDA can order an administrative detention for up to 30 days if “there is reason to believe that an article of food is adulterated or misbranded.” In response to a comment requesting the FDA clarify the meaning of the detention criteria, the FDA noted that decisions will be made on a “case-by-case basis because such decisions are fact specific.” The final rule takes effect February 5, 2013.

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