| (a) General requirements.
(1) Unless stated otherwise in this section, the requirements
of this section apply to all shippers, food transporters, loaders,
and receivers engaged in transportation operations. A person may be
subject to these requirements in multiple capacities, e.g., the shipper
may also be the loader and the food transporter, if the person also
performs the functions of those respective persons as defined in this
subchapter. An entity subject to this subchapter (shipper, loader,
food transporter, or receiver) may reassign, in a written agreement,
its responsibilities under this subchapter to another party subject
to this subchapter. The written agreement is subject to the records
requirements of §229.806(d) of this title (relating to Records).
(2) Responsibility for ensuring that transportation
operations are carried out in compliance with all requirements in
this subchapter must be assigned to competent supervisory personnel.
(3) All transportation operations must be conducted
under such conditions and controls necessary to prevent the food from
becoming adulterated during transportation operations including:
(A) Taking effective measures such as segregation,
isolation, or the use of packaging to protect food from contamination
by raw foods and nonfood items in the same load.
(B) Taking effective measures such as segregation,
isolation, or other protective measures, such as hand washing, to
protect food transported in bulk vehicles or food not completely enclosed
by a container from contamination and cross-contact during transportation
operations.
(C) Taking effective measures to ensure that food that
requires temperature control for safety is transported under food
specific adequate temperature control.
(4) The type of food, and its production stage, e.g.,
raw material, ingredient or finished food, must be considered in determining
the necessary conditions and controls for the transportation operation.
(5) Shippers, receivers, loaders, and food transporters,
which are under the ownership or operational control of a single legal
entity, as an alternative to meeting the requirements of subsections
(b), (d), and (e) of this section may conduct transportation operations
in conformance with common, integrated written procedures that ensure
the sanitary transportation of food consistent with the requirements
of this section. The written procedures are subject to the records
requirements of §229.806(e) of this title.
(6) If a shipper, loader, receiver, or food transporter
becomes aware of an indication of a possible material failure of temperature
control or other conditions that may render the food adulterated during
transportation, the food shall not be sold or otherwise distributed,
and these persons must take appropriate action including, as necessary,
communication with other parties to ensure that the food is not sold
or otherwise distributed unless a determination is made by a qualified
individual that the temperature deviation or other condition did not
render the food adulterated.
(b) Requirements applicable to shippers engaged in
transportation operations.
(1) Unless the shipper takes other measures in accordance
with paragraph (3) of this subsection to ensure that vehicles and
equipment used in its transportation operations are in appropriate
sanitary condition for the transportation of the food, i.e., that
will prevent the food from becoming adulterated, the shipper must
specify to the food transporter and, when necessary, the loader, in
writing, all necessary sanitary specifications for the food transporter's
vehicle and transportation equipment to achieve this purpose, including
any specific design specifications and cleaning procedures. One-time
notification shall be sufficient unless the design requirements and
cleaning procedures required for sanitary transport change based upon
the type of food being transported, in which case the shipper shall
so notify the food transporter in writing before the shipment. The
information submitted by the shipper to the food transporter is subject
to the records requirements in §229.806(a) of this title.
(2) Unless the shipper takes other measures in accordance
with paragraph (5) of this subsection to ensure that adequate temperature
control is provided during the transportation of food that requires
temperature control for safety under the conditions of shipment, a
shipper of such food must specify in writing to the food transporter,
except a food transporter who transports the food in a thermally insulated
tank, and, when necessary, the loader, an operating temperature for
the transportation operation including, if necessary, the pre-cooling
phase. One-time notification shall be sufficient unless a factor,
e.g., the conditions of shipment, changes, necessitating a change
in the operating temperature, in which case the shipper shall so notify
the food transporter in writing before the shipment. The information
submitted by the shipper to the food transporter is subject to the
records requirements in §229.806(a) of this title.
(3) A shipper must develop and implement written procedures,
subject to the records requirements of §229.806(a) of this title,
adequate to ensure that vehicles and equipment used in its transportation
operations are in appropriate sanitary condition for the transportation
of the food, i.e., will prevent the food from becoming unsafe during
the transportation operation. Measures to implement these procedures
may be accomplished by the shipper or by the food transporter or another
party covered by this subchapter under a written agreement subject
to the records requirements of §229.806(a) of this title.
(4) A shipper of food transported in bulk must develop
and implement written procedures, subject to the records requirements
of §229.806(a) of this title, adequate to ensure that a previous
cargo does not make the food unsafe. Measures to ensure the safety
of the food may be accomplished by the shipper or by the food transporter
or another party covered by this subchapter under a written agreement
subject to the records requirements of §229.806(a) of this title.
(5) The shipper of food that requires temperature control
for safety under the conditions of shipment must develop and implement
written procedures, subject to the records requirements of §229.806(a)
of this title, to ensure that the food is transported under adequate
temperature control. Measures to ensure the safety of the food may
be accomplished by the shipper or by the food transporter or another
party covered by this subchapter under a written agreement subject
to the records requirements of §229.806(a) of this title and
must include measures equivalent to those specified for food transporters
under subsection (e)(1) - (3) of this section.
(c) Requirements applicable to loaders engaged in transportation
operations.
(1) Before loading food not completely enclosed by
a container onto a vehicle or into transportation equipment the loader
must determine, considering, as appropriate, specifications provided
by the shipper in accordance with subsection (b)(1) of this section,
that the vehicle or transportation equipment is in appropriate sanitary
condition for the transport of the food, e.g., it is in adequate physical
condition, and free of visible evidence of pest infestation and previous
cargo that could cause the food to become unsafe during transportation.
This may be accomplished by any appropriate means.
(2) Before loading food that requires temperature control
for safety, the loader must verify, considering, as appropriate, specifications
provided by the shipper in accordance with subsection (b)(2) of this
section, that each mechanically refrigerated cold storage compartment
or container is adequately prepared for the transportation of such
food, including that it has been properly pre-cooled, if necessary,
and meets other sanitary conditions for food transportation.
(d) Requirements applicable to receivers engaged in
transportation operations. Upon receipt of food that requires temperature
control for safety under the conditions of shipment, the receiver
must take steps to adequately assess that the food was not subjected
to significant temperature abuse, such as determining the food's temperature,
the ambient temperature of the vehicle and its temperature setting,
and conducting a sensory inspection, e.g., for off-odors.
(e) Requirements applicable to food transporters engaged
in transportation operations. When the food transporter and shipper
have a written agreement that the food transporter is responsible,
in whole or in part, for sanitary conditions during the transportation
operation, the food transporter is responsible for the following functions
as applicable per the agreement:
(1) A food transporter must ensure that vehicles and
transportation equipment meet the shipper's specifications and are
otherwise appropriate to prevent the food from becoming unsafe during
the transportation operation.
Cont'd... |
