FDA Finalizes 2011 Interim Rule on Administrative Detention of Food
The Food and Drug Administration finalized its new criteria for ordering administrative detention of food for human or animal consumption, adopting a May 4, 2011, interim final rule without change. Under the criteria adopted by FDA, the agency can order an administrative detention if there is “reason to believe that an article of food is adulterated or misbranded.” Although the criteria have been in effect since July 3, 2011, this final rule is effective Feb. 5.
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Under the criteria set forth in the 2011 interim final rule and now being adopted in final form, FDA can order administrative detention if there is reason to believe that an article of food is adulterated or misbranded. Decisions regarding whether FDA has a “reason to believe” a food is adulterated or misbranded are made on a case by case basis because such decisions are fact specific, FDA said.
(See ITT’s Online Archives 11050511 for summary of the 2011 interim final rule.)