Sanitary Transportation of Food FSMA Rroposed Rule

74 shipment to ensure that the condition of the bulk vehicle is adequate to ensure that the food is not adulterated during transportation.

To account for such situations, we tentatively conclude that the sanitary food transportation regulations should require that the carrier provide information to the shipper that identifies the prior cargoes and describes cleaning procedures for a bulk vehicle offered to the shipper. We also tentatively conclude that to provide flexibility consistent with existing practices, this proposed rule should allow for the shipper and carrier to mutually agree in writing to forgo the exchange of some or all of this information when it not necessary to ensure that the bulk vehicle is adequate for the intended transportation operation.

For example, a shipper of juice and a carrier may mutually agree in writing that no information need be provided to the shipper about prior cargoes in the bulk vehicles if the carrier agrees to only offer bulk vehicles that exclusively haul juice. Similarly, if a carrier contractually agrees to use a cleaning procedure for bulk vehicles deemed suitable by the shipper, these parties could, under proposed ยง 1.908(d)(5), agree in writing that no information need be provided to the shipper about the cleaning of the vehicles.

Under proposed ยง 1.908(d)(4), the information to be provided by a carrier would identify the three previous cargoes hauled in a bulk vehicle. We have tentatively concluded that information about the three previous cargoes is sufficient to demonstrate to the shipper that the condition of the bulk vehicle is adequate to ensure that the food is not adulterated during transportation. We have based this tentative conclusion, in part, on two industry guidance documents, from a juice industry association and a broad food industry association, that contain recommendations that shippers obtain information from carriers identifying the three previous cargoes of a bulk vehicle (Ref. 22) (Ref. 29). We also note that we stated in a 1996 ANPRM