Food Safety and Trucking

After too many stories about food being recalled because it was contaminated with dangerous bacteria like salmonella, E. Coli or listeria, the Food Safety Modernization Act was passed in 2011. Most of its provisions affected food at the manufacturing, handling and processing stages, where problems are most likely to originate. Now, with the recent release of the FDA’s Final Rule on Sanitary Transportation of Human and Animal Food, trucking has guidelines to adhere to also.

The rule is meant to ensure proper refrigeration and cleanliness of trailers that haul food. Shippers are responsible for telling carriers what is required for any given load, but carriers will need to document that their personnel were properly trained in handling the food and must have records of written procedures, agreements and training available. The rule goes into effect on June 5, 2016, with compliance set for June 2017.

The ATA’s Agriculture and Food Transporters Conference (AFTC) has been very involved in making sure that the trucking industry concerns were taken into consideration before the proposed rule was finalized, pointing out that of approximately 85 million shipments of food each year, only four foodborne illnesses were related to transport in 36 years.

“We transport food safely and efficiently, so let’s avoid upsetting the apple cart by trying to fix something that isn’t broken,” Jon Samson, executive director of the AFTC told one trucking magazine before the final rule was released.

Much of the concerns regarding the amount of recordkeeping, training requirements and liability for determining appropriate transportation operations were revised from the proposed rule, and the FDA says that carriers and shippers won’t have to make dramatic changes to the food transport best practices they already adhere to.

Shippers have primary responsibility for determining the sanitary requirements for the load and providing the information in writing to carriers. They are also responsible for inspecting trailers before loading food.

How the new rule affects carriers/drivers

Still, carriers share in the responsibilities for food safety spelled out in the rule:

• They must have a set of procedures for cleaning, sanitizing and inspecting equipment that is always followed.
• They must be able to provide proof that the proper temperature has been maintained throughout transport, if requested.
• If a driver or other carrier personnel notice that the proper temperature may not have been maintained at any point, they must notify someone to determine if the food is still safe.

While smaller carriers  — those that have less than $500,00 in average annual revenue from food transport — are exempt from the regulations, most in the industry believe that shippers will prefer to avoid making that distinction, and insist that all carriers meet the requirements.

As with any new regulation, there are a lot of questions about the impact on business, enforcement and cost of compliance. And some industry leaders point out that the line between shipper responsibility and carrier responsibility has some fuzzy edges.

“There’s still some challenges out there for shippers and carriers,” Don Drum director of strategic customer solutions at PLM Trailer Leasing told Transport Topics. “The final rule is still somewhat confusing.”