FDA Has No Jurisdiction Here—Or Does It?
by Sarah Brew and Steve Toeniskoetter (Ethanol Producer Magazine/Faegre Baker Daniels) Pop quiz time—which federal agencies regulate your plant? Did your answer include the Food and Drug Administration? If your plant produces distillers grains, corn oil or similar products for human or animal consumption, your answer should have. Ethanol plants that produce coproducts for food or feed are considered food facilities subject to FDA jurisdiction.
…FDA’s recent focus on antibiotic residues and mycotoxins in DDGSs was just a taste of things to come. A little over a year ago, President Obama signed into law the Food Safety Modernization Act, the first significant update and expansion of FDA’s food and feed safety regulatory powers in almost 70 years. While plants producing feed (including ethanol plants) have had to register with FDA since 2002, FSMA gives that requirement some teeth by allowing FDA to revoke a facility’s registration due to food or feed safety reasons. FSMA also prohibits shipping food or feed into interstate commerce without a current registration, effectively turning your registration into a license to operate. READ MORE and MORE