Dive Summary:
- The FDA finally aligned its detention rules with the ongoing Federal Food Safety Modernization Act, allowing them to detain foods they believe are adulterated or mislabeled.
- The FDA declined to comment on the extent or circumstances of these new rules, claiming it would be a case-by-case basis.
- Food products in question can be detained for 30 days under the new rule, before they are either officially seized or cleared for general consumption.
From the article:
"Under the new criteria, FDA can order an administrative detention if there is reason to believe that an article of food is adulterated or misbranded," the rule states.
FDA, however, declined to elaborate on the circumstances in which it would make such a finding, saying in the final rule its decisions would be made on a case-by-case basis. "Because such decisions are fact specific, FDA has not, therefore, amended the regulation to provide additional explanation of the criteria for ordering administrative detention."