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The Public Health Security and Bioterrorism Preparedness
and Response Act of 2002 (the Bioterrorism
Act) requires domestic and foreign facilities that manufacture, process,
pack, or hold food for human or animal consumption in the United States
to register with the FDA by December 12, 2003.
Last updated
February 3, 2007
Who is required
to register?
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Owners, operators,
or agents in charge of domestic or foreign facilities that manufacture/process,
pack, or hold food for human or animal consumption in the United States
are required to register the facility with the FDA.
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Examples of FDA-regulated
foods and food additives for humans or animals include:
- Dietary
supplements and dietary ingredients
- Infant
formula
- Beverages
(including alcoholic beverages and bottled water)
- Fruits
and vegetables
- Fish
and seafood
- Dairy
products
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- Shell
eggs
- Raw agricultural
commodities for use as food or components of food
- Canned
and frozen foods
- Bakery
goods, snack food, and candy (including chewing gum)
- Live
food animals
- Animal
feeds and pet food
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Who does not have
to register?
- Farms
- Private
residences of individuals
- Retail
food establishments
- Restaurants
- Non-profit
establishments that prepare food for, or serve food directly
to, consumers
- Transport
vehicles that hold food only in the usual course of their business
as carriers.
- Facilities
regulated exclusively throughout the entire facility by the
U.S. Department of Agriculture
- Fishing
vessels not engaged in processing
- Non-bottled
water, drinking water collection and distribution establishments
and structures, such as municipal water systems
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Is there a fee
to register?
- There is no fee
to register.
- FDA has advised
registrants that registration is easy and free and to be cautious when
companies offer to assist with registration for a fee here
How do I register?
- Registrations can
be submitted electronically via the Internet, through surface mail on
a paper form or a CD-ROM, or through fax
What information
Is required?
- Name
- Physical address
- Phone number of
the facility and parent company, if the facility is a subsidiary
- All trade names
the facility uses
- Food product categories
(21 CFR 170.3)
- A statement certifying
that the information submitted is true and accurate and submitter is
authorized to register the facility
- Name and contact
information of the person submitting the certification statement
- Name of foreign
facility's U.S. agent, if applicable, and the agent's contact information
- Emergency contact
information
What
will happen if I am required to register my facility but fail to do
so?
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Registration is easy, free, and required by law.
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Food
manufacturers need to register by December 12, 2003.
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FDA will initially take an educational rather than enforcement approach
for the first several months of the regulation.
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However,
repeated failures to register can bring a civil action in Federal
court or the Federal government can bring a criminal action in Federal
court to prosecute persons who are responsible for the commission
of a prohibited act.
For
help with registration, contact FDA
In the U.S call
1-800-216-7331 or 301-575-0156
From elsewhere call 301-575-0156
Fax questions to 301-210-0247
Email questions to furls@fda.gov
or
contact
Luke
LaBorde
Associate
Professor of Food Science
Penn State University
lfl5@psu.edu
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