AUGUST 24, 2016  -  Today's Federal Register contains FDA's update of certain FSMA compliance dates related to the RBPC Final Rule. Of particular interest is the extension of the "Customer Provisions" compliance date allowing use of certain disclaimers to "downstream" customers. This postpones, but does not eliminate the need for practitioners to deal with the complex Supply-Chain interplay between "downstream" Continuing Guarantees and "upstream" Indemnification Agreements. How the anticipated ability of "upstream" suppliers to issue Hazard Analysis "disclaimers" will affect both existing Continuing Guarantees and existing Indemnification Agreements will require careful revisions to standard Supply-Chain documents commonly used in the Food Industry. We call your attention to important Product Liability and C&R insurance issues related to this complex matter involving significant changes to long-standing Supply-Chain relationships.

Additionally, we have a new Draft Guidance (185 pages) which offers FDA guidance and commentary on Hazard Analysis and the preparation of RBPC Plans. This is very important reading for Food Law attorneys and for QA/QC officers of food businesses.

We post 81 FR 57784 (compliance extensions) and the new Draft Guidance below: