February 15, 2017 Eric Kogelschatz

Food Safety Modernization Act: 4 Things You Need to Know

Final Rule on Sanitary Transportation of Human and Animal Food

Each year, 48 million Americans get sick: 128,000 are hospitalized and 3,000 die from foodborne illnesses according to recent data from the Centers for Disease Control and Prevention. Aiming to ensure the US food supply is safe by shifting the focus of federal regulations from responding to contamination to preventing it, the Food Safety Modernization Act (FSMA) was signed into law by President Obama on January 4, 2011. The final rule was released on July 13, 2016 with a compliance date of April 6, 2017.

The FSMA gives the Food and Drug Administration (FDA) the mandate to require comprehensive prevention-based controls across the food supply chain to prevent or significantly minimize the likelihood of preventable foodborne illnesses. It sets up rules for inspection and compliance and holds the food supply industry accountable for its implementation – specifically, it holds senior management accountable and personally liable for this implementation. For many regulations, enforcement has been the primary challenge in implementation. For the first time, the FDA has given specific enforcement power for FSMA including 80,000 inspectors on premises in food manufacturing and handling facilities throughout the US.

The FDA’s intention is that all covered facilities which manufacture, process, pack, hold and transport food need to develop a plan, identify the hazards, identify and implement preventative controls, and then monitor processes to make certain that the controls work.

Tiger Cool Express - FMSA

This communication is to alert you, our customer, to the existence of this regulation and the significant differences in its implementation. These revised regulations include:

  1. Mandates comprehensive prevention-based controls from all food facilities.
  2. Enforcement by the FDA and its 80,000 resident inspectors.
  3. Personal liability of the food company’s management including fines and imprisonment for not having or maintaining these controls.
  4. A compliance date of April 6, 2017 (less than two months away).

Tiger Cool Express is in a position to directly address the FSMA. We have the newest fleet in the industry, featuring over 700 53’ domestic temperature controlled containers with an average age of 17 months. In addition, we have the following attributes that directly pertain to the preventative controls for FSMA compliance:

  • Internal monitoring of temperature and provision of a running temperature record for each load.
  • Electronic monitoring of door security for the entire length of a trip for each load.
  • Geographic monitoring, geo-fencing and recording for each load.
  • Individual training of management, administrative personnel and drivers in food safety
  • A Food Safety Director – an equipment sanitation policy and proprietary sanitation program for the temperature controlled containers.
  • Database maintenance of all load records for a minimum of one year.

Tiger Cool Express

We believe these features – which not all temperature controlled carriers can offer – give you a head start and an advantage in establishing preventative controls in compliance with the Food Safety Modernization Act.

At Tiger Cool Express, we are in the Business of Food Safety. It is of utmost importance to us to get this right and we are in a position to assist our customers in this implementation. We are here to help you.

Respectfully yours,

Thomas Finkbiner

Chief Executive Officer, Tiger Cool Express



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