The microbial safety of “ready-to-eat” (RTE) foods is a hot topic that ASTA is hearing a lot about when it comes to implementation of the Food Safety Modernization Act (FSMA). The U.S. Food and Drug Administration (FDA) has not yet published guidance regarding classifying and processing RTE foods. In these “frequently asked questions” (FAQs), ASTA is sharing information on positions FDA could take on RTE based on the preambles to the FSMA final rules, talks that FDA officials have given, information published in the update to the spice draft risk profile, informal conversations with FDA officials, and other published FDA draft guidance. ASTA has produced these FAQs in order to help members understand FDA’s current thinking on RTE foods, but we note that we have not received input on this document from FDA.

The ASTA FSMA Decision Tree was designed to assist ASTA members in evaluating their obligations under the five foundational FSMA rules that are likely apply to spice companies: Preventive Controls in Human Food, the Produce Safety Rule, the Sanitary Food Transportation Rule, the Foreign Supplier Verification Program and the Intentional Adulteration rule. The Decision Tree guides users through a series of questions about their operations to help determine which FSMA rules could apply. It also provides an overview of each rule’s requirements, depending on the nature of the company’s operations. "ASTA Webinar on the Food Safety Modernization Act Decision Tree was presented by Jessica O’Connell, a member of Covington & Burling’s food and drug practice group in Washington, DC. The ASTA Government Relations and Advocacy Committee worked with Jessica to design and develop this new tool. During this 90-minute webinar, Jessica demonstrates how the Decision Tree can be used to navigate the complex framework of FSMA regulations.