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New FDA rules create new burdens for forwarders, brokers

Jul 10, 2016 at 07:27 PM CST
Richard L. Furman, attorney, Carroll, McNulty & Kull


The Food Safety Modernization Act of 2011 regulations were published on April 6 and they have serious implications for brokers and freight forwarders.

The act creates new obligations on property brokers and, in the opinion of the writer, freight forwarders, to involve themselves in ensuring the safe and sanitary transport of food in interstate commerce, along with the shipper, actual carriers and others.

The act requires shippers, property brokers, carriers, by motor vehicle or rail, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices of, “any food that is placed into a container in such a manner that it is partially open to the surrounding environment.” Notably, however, unloaders are not covered by the statutes and the regulations.