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          Guidance for Industry: Current Good Manufacturing Practice and Preventive Controls, Foreign Supplier Verification Programs, Intentional Adulteration, and Produce Safety Regulations: Enforcement Policy Regarding Certain ProvisionsSearch for FDA Guidance Documents GUIDANCE DOCUMENT
	Guidance for Industry: Current Good Manufacturing Practice and Preventive Controls, Foreign Supplier Verification Programs, Intentional Adulteration, and Produce Safety Regulations: Enforcement Policy Regarding Certain Provisions
					
		
		March 2022


	Download the  Final Guidance Document
	    
      	      		Read the Federal Register Notice 

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    PrintDocket Number:
		    FDA-2021-D-0563
	    	    		    Issued by:
		    Guidance Issuing Office
          Center for Food Safety and Applied Nutrition
          Center for Veterinary Medicine
          Office of Regulatory Affairs


The purpose of this document is to state that the Food and Drug Administration (FDA, we, or the Agency), at this time and based on our current understanding of the risks, does not intend to enforce certain regulatory requirements as they currently apply to certain entities and/or activities. The applicable requirements are established in our regulations entitled “Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals” (21 CFR Part 507); “Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food” (21 CFR Part 117); “Foreign Supplier Verification Programs for Importers of Food for Humans and Animals” (21 CFR Part 1, Subpart L (FSVP)); “Mitigation Strategies to Protect Food Against Intentional Adulteration” (21 CFR Part 121); and “Standards for Growing, Harvesting, Packing, or Holding of Produce for Human Consumption” (21 CFR Part 112).

Section II of this document describes certain enforcement discretion policies that were issued previously and are relevant to the enforcement policies discussed in sections III.B and III.C. Section III describes new or extended enforcement discretion policies. Section III.A describes our extension of FDA’s enforcement discretion in certain circumstances when a receiving facility that is a contract manufacturer/processor not in compliance with certain supply-chain program requirements for food manufactured for a brand owner. Section III.B describes that we do not intend to enforce requirements of the Intentional Adulteration regulation for facilities under the preexisting farm-activity related enforcement policy. Section III.B also announces that FDA does not intend to enforce the Intentional Adulteration regulation’s requirement for reanalysis in certain circumstances—for example, when there is a single failure that is addressed through implementation of corrective action procedures. Section III.C describes that FDA does not intend to enforce the supplier approval and verification requirements in part 117, part 507, and the FSVP regulation with regard to supplier compliance with requirements that are already associated with an enforcement discretion policy.

We are issuing this guidance consistent with our good guidance practices regulation (21 CFR 10.115). This guidance is immediately effective because FDA has determined that prior public participation is not feasible or appropriate (21 CFR 10.115(g)(2)), on the basis that the guidance presents a less burdensome policy that remains consistent with FDA’s public health mission. As with all guidance documents, the public can comment on the guidance at any time (21 CFR 10.115(g)(5)). If FDA receives comments on the guidance document, FDA will review those comments and revise the guidance document when appropriate (21 CFR 10.115(g)(3)(ii)).

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way, unless specifically incorporated into a contract. This document is intended only to provide clarity to the public regarding existing requirements under the law. FDA guidance documents, including this guidance, should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited. The use of the word *should* in Agency guidance means that something is suggested or recommended, but not required.

In this guidance, pronouns such as “you” refer to entities that are covered by this guidance.

Download the Guidance

Related Information

FSMA Final Rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals
	FSMA Final Rule for Mitigation Strategies to Protect Food Against Intentional Adulteration
	FSMA Final Rule on Produce Safety
	FSMA Final Rule for Preventive Controls for Human Food
	FSMA Final Rule for Preventive Controls for Animal Food
	FSMA Rules & Guidance for IndustrySubmit Comments
	   		  			    		Submit Comments Online
					You can submit online or written comments on any guidance at any time (see 21 CFR 10.115(g)(5))
						If unable to submit comments online, please mail written comments to:
						Dockets Management
							Food and Drug Administration
							5630 Fishers Lane, Rm 1061
							Rockville, MD 20852
						All written comments should be identified with this document's docket number: FDA-2021-D-0563.

                                                                                  Content current as of:
      03/11/2022
         
                  
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