FDA Food Safety Modernization Act Adds Requirements for Grocery Stores

Feb 28, 2011   

In addition to the key elements we have previously reported, the FDA Food Safety Modernization Act of 2010 adds new requirements for grocery stores. In Section 417 of the Federal Food, Drug, and Cosmetic Act, the FDA will now have to prepare a standardized one-page summary of critical information for a reportable food and publish it on the FDAs website in a format that can be easily printed by a grocery store for consumer notification. A reportable food is any article of food, other than infant formula, where there is a reasonable probability that the use of, or exposure to, such food will cause a serious adverse health consequence or death. 21 U.S.C. § 350f(a)(2).

Grocery stores that are part of a chain of establishments with fifteen (15) or more physical locations that sold a reportable food, shall prominently display the one page summary of information no later than 24 hours after it was published by the FDA. The grocery store shall display the summary for fourteen (14) days. No later than one year from the date of enactment of the FDA Food Safety Modernization Act, the FDA must develop and publish a list of acceptable conspicuous locations, which grocery stores will use for providing consumer notification. The list must include the following items:

  • posting the notification at or near the register;
  • providing the location of the reportable food;
  • providing targeted recall information given to customers upon purchase of a food; and
  • other such prominent and conspicuous locations and manners utilized by grocery stores as of the date of the enactment of the FDA Food Safety Modernization Act to provide notice of such recalls to consumers as considered appropriate by the Secretary.

21 U.S.C. § 350f(h)(2). We will continue to monitor the FDA for promulgation of the list and manners to which grocery stores must use to provide consumer notification.

For more information on the FDA Food Safety Modernization Act, please contact us at contact@fidjlaw.com.