The Food and Drug Administration (FDA) issued yesterday an interim final rule that allows the agency to detain on its own administrative authority food or feed products it believes are adulterated or misbranded. Under this rule, FDA will be able to detain food or feed products that it has reason to believe are adulterated or misbranded for up to 30 days, if needed, to ensure the products are kept out of the marketplace while the agency determines whether an enforcement action may be required, such as seizure of the product or federal injunction against the firm.

The interim final rule, which is authorized by the FDA Food Safety Modernization Act (FSMA), will go into effect July 3.  FDA said it will accept public comment on the interim final rule up to August 3, 2011.  A copy of the rule is available at www.gpo.gov/fdsys/pkg/FR-2011-05-05/pdf/2011-10953.pdf.

 

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