FDA Issues New FSMA Rule to Update Food Facility Registration

FDA has finalized a rule as part of the implementation of the Food Safety Modernization Act (FSMA) to improve the accuracy of the food facility registration database. The Amendments to Registration of Food Facilities final rule updates FDA’s food facility registration requirements to better protect public health by requiring additional registration information that will improve the accuracy of the food facility registration database for facilities both in the U.S. and abroad. This final rule will support the FDA’s efforts to act quickly in response to food-related emergencies and will help the FDA to use its inspectional resources more efficiently.

The final rule adds new provisions to the current regulations to codify certain provisions of FSMA that were self-implementing and effective upon enactment of FSMA. Those provisions include the requirement of an email address for registration, required renewal of registration every two years, and that all food facility registrations must contain an assurance that the FDA will be permitted to inspect the facility at the times and in the manner permitted by the Federal Food, Drug and Cosmetic Act.

In addition, the final rule adds certain new requirements that will improve the food facility registration system.

• By January 4, 2020, all food facility registrations are required to be submitted to the FDA electronically
• As of July 14, 2016, registrations were required to contain the type of activity conducted at the facility for each food product category.
• Beginning October 1, 2020, food facilities will need to provide a unique facility identifier (UFI) as part of the registration process.

The final rule also amends the definition of a retail food establishment in a way that expands the number of establishments that are considered retail food establishments, and that are therefore not required to register with the FDA as food facilities. However, all food establishments, including retail food establishments, continue to have a responsibility to ensure their food is safe.