A. FDA Food Safety Modernization Act Provision Requiring Designation of High-Risk Foods
On January 4, 2011, the President signed the FDA Food Safety Modernization Act (FSMA) (Pub. L.111–353) into law. Section 204 of FSMA requires, among other things, the designation of high-risk foods. Specifically, section 204(d)(2)(A) of FSMA requires FDA to designate high risk foods for which additional record keeping requirements are appropriate and necessary to protect the public health, and to do so not later than 1 year after the date of enactment of FSMA (and thereafter, if necessary). Section 204(d)(2)(B) requires FDA to publish the list of high-risk foods on the Internet Web site of FDA at the time when FDA issues final rules to establish the additional record keeping requirements for high-risk foods.