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What are the penalties or fines for non-compliance with FSMA by a carrier?

Currently, there are no penalties or fines for non-compliance with FSMA by a carrier.

The FDA expects to begin inspections in 2017 to ensure that carriers covered by the rule are complying with the requirements. The objective of the first round of inspections will be to assess the industry's level of readiness and, if deficiencies are found, to provide firms with the information they need to achieve compliance. 

However, blatant mishandling of food could result in regulatory actions including:

  • the issuance of advisory letters
  • court actions, such as seizure or injunction
  • administrative actions, such as administrative detention to gain control of adulterated or misbranded products, mandatory recall of violative food, or suspension of a facility’s food registration to prevent the shipment of food

Generally, failure to comply with FDA regulations could result in fines, cargo claims, and even criminal sanctions in cases where mishandling of food is responsible for sickness and/or death. Max fines for criminal prosecution of an individual are $100K if resulting in sickness or $250K and as much as a year imprisonment for each contaminated item if resulting in death. Fines for the same infractions are $200K or $500K for organizations.

How GPS Insight can help

GPS Insight uses temperature sensors that are installed into the trailer to give you real-time temperature data along each route of each load that is transported. These sensors are connected to trailer tracking devices, which will give you the ability to monitor your trailer utilization as well. Our software will also allow you to receive real-time alerts on temperature whether it falls below or rises above a certain temperature threshold that you select. We give you quality control tool needed for the goods you are transporting.

Learn More About FSMA Compliance & Temperature Monitoring

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