TRANSPORTATION By Michael A. Walsh, Esq., Mark Andrews, Esq., and Moira Chapman, Esq.
Sanitary Transportation of Food:
Contracts and the New Rules
Pursuant to the Sanitary Food Transportation Act of 2005 and the Food Safety Moderniza- tion Act (FSMA), the U.S. Food and Drug Ad- ministration (FDA) published the final rule entitled “Sanitary Transportation of Human and
Animal Food” (SFT Rule) on April 6, 2016.
The SFT Rule is effective June 6, 2016, with
compliance beginning April 6, 2017 except
for small businesses, which have until April 6,
2018, to comply. The SFT Rule establishes the
requirements for sanitary transportation practices applying to shippers, loaders, carriers and
receivers engaged in the transportation of food to ensure the
safety of the food they transport. This article will provide an
overview of the scope and coverage of the SFT Rule.
Shippers are persons who arrange for the transportation
of food in the United States by a carrier or multiple carri-
ers sequentially. Importantly, this definition
includes a freight broker. The definition also
includes imported food. For example, where
a freight broker has arranged the U.S. land-
based transportation leg of the foreign ship-
ment, the broker is deemed the “shipper.”
Carriers are persons who physically move
food by rail or motor vehicle in commerce
within the United States, regardless of ownership of the vehicles. The term does not
include any person who transports food while
operating as a parcel delivery service.
Loaders are a new category defined by the SFT Rule and are
defined as persons who load food onto a motor or rail vehicle
during transportation operations.
Receivers are defined as persons who receive food at a point
in the United States after transportation, regardless of whether
that person is at the food’s ultimate destination. The term
does not include consumers.
by all supply chain