Conferencia web de EAS: Programa de verificación de proveedores extranjeros – ¿qué significa para usted?

Foreign Supplier Verification Program – What Does it Mean for You?

En Espanol

Si usted exporta alimentos, ingredientes, empaques, suplementos o aditivos alimenticios hacia los Estados Unidos, su agente aduanal en los Estados Unidos, importador y clientes le pedirán proporcionar documentación para verificar que su empresa cumple con la Ley de Modernización de la Inocuidad de los Alimentos (FSMA por sus siglas en Ingles) del Departamento de Drogas y Alimentos (Food and Drug Administration o FDA). Esto incluye el cumplimiento de una serie de nuevas reglas, incluyendo “controles preventivos para alimentos humanos (PCHF)”, “controles preventivo de alimentos para animales (PCAF)”, regulaciones de seguridad de los productos agrícolas frescos, transporte sanitario y defensa de alimentos.

If you export food, food ingredients, food packaging, dietary supplements or food additives to the United States, your U.S. Customs Agent, FSVP Importer and customer now requires you to provide documentation verifying that your company is compliant with the Food Safety Modernization Act (FSMA) regulations from the U.S. Food and Drug Administration (FDA). This includes compliance with a range of new rules, including “Preventive Controls for Human Foods (PCHF)”, “Preventive Controls for Animal Feeds (PCAF)”, Produce Safety regulations, Sanitary Transport and Food Defense.

¿Qué significa esto para su negocio? ¿Qué tipos de documentos se le pedirá proporcionar a su negocio?

What does that mean for your business? What kinds of documents will your business be asked to provide?

Únete al Consultor independiente del Grupo Consultor EAS, el Dr. Gustavo González (experto originario de México), en un seminario sobre las complejidades acerca del programa de verificación de proveedores extranjeros (FSVP) y lo que esto significa para usted como proveedor de alimentos, aditivos y hortalizas exportadas a los Estados Unidos.

Join EAS Consulting Group Independent Consultant, Dr. Gusatvo Gonzalez for a webinar on the complexities of FSVP and what that means to you as a supplier of foods, food additives and produce exported to the United States, presented in Spanish.

El “programa de verificación de proveedores extranjeros (FSVP)” entró en vigor el 26 de mayo de 2017, y las fechas de cumplimiento para empresas pequeñas están ya en efecto. El FSVP requiere que los Importadores a los Estados Unidos verifiquen que sus proveedores extranjeros de alimentos, empaques, ingredientes, suplementos, aditivos y productos alimentarios importados a los Estados Unidos posean el mismo nivel de protección a la salud pública como los productores nacionales.

“Foreign Supplier Verification Program (FSVP)” went into effect on May 26, 2017, and compliance dates for smaller firms are now also in effect. The FSVP requires U.S. importers to verify that their foreign suppliers of food, food packaging, food ingredients, dietary supplements, food additives and/or product imported to the U.S. possess the same level of public health protection as is offered by domestic producers.

Únete a EAS para un webinar exclusivo, presentado en español, donde el Dr. González ayudará a las empresas a entender los requisitos y documentos necesarios para cumplir FSMA y que es lo que los importadores estadounidenses esperan de ustedes.

Join EAS for an exclusive webinar, presented in Spanish, where Dr. Gonzalez will help foreign firms understand the requirements and documents that they will have to meet under FSMA and what U.S. importers will be expecting from them.

Murphy to Present on Raw Milk and Processed Dairy Products at ADSA

Independent Consultant Steven Murphy will speak at the upcoming June 24-27, 2018 American Dairy Safety Association Annual Meeting in a session called “Time for Change; Indicators of Public Health Concern for Raw Milk and Processed Dairy Products”. Mr. Murphy’s presentation will take place on June 26 at 22:45 pm. Says Murphy, “Regulatory standards used as indicators of conditions considered public health risks for Grade “A” milk and milk products fall under FDA’s Grade “A” Pasteurized Milk Ordinance (PMO). These standards have not changed in decades and this overview will present a perspective based on current science on where changes are warranted.”

Blomquist to Present on Rapid Testing Methods at the IAFP

Independent Consultant, David Blomquist, will speak on “Rapid Testing Methods for Safety and Spoilage in the Dairy Industry – What Is Needed, What Works and What Does Not” on July 9, 2018, at the International Association of Food Protection Conference. Says Blomquist, “The dairy industry has been a leader in sanitation and hygiene for over a century. As food safety becomes more critical for all industries, methods to determine the quality of dairy products rapidly becomes more critical.” This session will focus on different technologies that have the potential to determine low levels of spoilage organisms in a variety of dairy products and will discuss the strengths and weakness of each. If you are attending the IAFP, we hope you will join us for this session.

EAS has much expertise in regulatory assistance to the dairy industry. For more information on our capabilities view our Dairy Industry Services Sheet.

Couch to Present at the CRN Conference on Implementing Compliance Controls

Tara Lin Couch Ph.D.Senior Director for Dietary Supplement and Tobacco Services, Tara Lin Couch, Ph.D., will be speaking at the upcoming Council for Responsible Nutrition Conference on Implementing Compliance Controls to Meet New Sophisticated cGMP Standards. This conference is taking place June 18-20, 2018 in New York City at the InterContinental New York Times Square and Dr. Couch, speaking as part of a panel, will present on June 19 at 4:45 pm. The panel will discuss items such as:

  • Understanding the FDA’s more sophisticated approach to dietary supplement cGMPs
  • Petitioning the FDA for an exemption to the 100% identity requirement for ingredient testing
  • Assessing the impact of program alignment under Dr. Gottlieb
  • Reassessing cGMPs in the context of cleanliness, safety, and testing for raw materials as based on this new approach
  • Identifying the right test for the right ingredient within the context of cGMP standards
  • Comprehending how this potential enforcement ramp-up may lead to an uptick in 483 observations

We hope you’ll join Dr. Couch at this informative event!

Armstrong Authors Article on Mergers and Acquisitions for Natural Products Insider

Steve ArmstrongIndependent Advisor for Food Law and Regulation, Steve Armstrong, has authored an article for Natural Products Insider on buying a 21st-century food company and mergers and acquisitions. “A health and nutrition startup should resolve any potential issues with its quality control, labeling and advertising practices before it is acquired,” he says.

EAS offers a number of services to attorneys working in the area of due diligence and mergers and acquisitions. For more information on these services please review our Food and Drug Attorney Services Sheet.

OTC Monograph Webinar Postponed Due to Pending Legislation

As you may be aware, Congress is currently working on legislation to update the Over-the-Counter (OTC) monograph system. This legislation, the Over-the-Counter Drug Safety, Innovation, and Reform Act, has bipartisan support in Congress as well as the backing of the FDA, industry and other public health organizations. As such, it is expected to pass and be signed into law by the President before the mid-term elections in November.

Due to the significant changes ahead, EAS has decided to postpone the webinar “The OTC Monograph System – Past, Present, and Future originally scheduled for July, and will instead monitor this legislation and present the webinar after the passage of the bill. This will enable us to provide you with better information on how to market your OTC products going forward.

Meet New EAS Consultants June 2018

Charles Otto

Charles Otto is a former Environmental Health Officer and Deputy Chief at the CDC where he provided guidance on all aspects of environmental health to the CDC Vessel Sanitation Program staff, member cruise lines, shipyards, and other global collaborators for the prevention of environmentally-related illnesses. He has worked at FDA as the Assistant Director in the Division of Cooperative Programs as well as the Retail Food Protection Branch where he developed national Hazard Analysis Critical Control Point (HACCP) implementation strategies for retail food protection, interstate travel program, milk safety, and shellfish sanitation programs and furnished comprehensive field training on proper interpretation and implementation of the model food code standardization exercises conducted in every region of the U.S.

Robert Kapp Ph.D.

Robert Kapp, Ph.D. has over 30 years’ experience as a toxicologist involved with the management, development, and safety of new and existing products in a broad spectrum of industries including chemical, petrochemical, food, consumer products, and pharmaceuticals. He has experience in preclinical program study design, study reports, occupational and industrial toxicology, evaluating clinical and product safety data; in training and managing staff in laboratory operations; evaluating contract research organizations and various compliance issues in the US as well as abroad. Dr. Kapp has experience in writing critical position papers, GRAS notifications, 510(k) submissions, US EPA Premarketing Notifications, toxicology profiles, Safety Data Sheets and labels in the US and in global markets. Prior to consulting Dr. Kapp worked as Director, Toxicology Laboratory at Exxon Biomedical Sciences, Inc. He has a Ph.D. in toxicology from George Washington University.

Sanaullah Khan, Ph.D.

Sanullah Khan has a Ph.D. in Analytical Chemistry from the University of Kansas, MBA from Rutgers University and MS in Bioscience Regulatory Affairs from Johns Hopkins University. He has worked in the Pharmaceutical industry since 1996, in the areas of R&D, technical operations and worldwide quality and compliance. His expertise in GLPs and GMPs range from discovery to filing and post-market quality oversight. R&D functions include developing and validating analytical methods to support non-clinical and clinical studies, and Worldwide Quality and Compliance responsibilities have included investigation of out of specification (OOS) and out of trend (OOT) results. As a quality consultant, Dr. Khan provides support for overseeing QC laboratory operations, conducts investigations of OOS results and manufacturing deviations and data integrity. He performs manufacturing and laboratory equipment qualifications, cleaning validation and batch record review, drafting of SOPs, qualification protocols and Master Production Records for pharmaceutical and Biologics companies.

John J. Brennan, Ph.D.

John J. Brennan, Ph.D. is a former Senior Project Leader in Global Pharmaceutical Research and Development at AbbVie in North Chicago, Illinois. At Abbvie he served as the Enterprise Leader for 3 Global Asset Development teams accountable for creating and executing development strategies in several therapeutic disciplines including exocrine pancreatic insufficiency, cystic fibrosis and diabetic nephropathy (SONAR Phase 3 Trial). His areas of interest include First-in-Man, Proof-of-Concept, Proof-of-Principle, and late-stage registration studies and lifecycle management. Prior to joining AbbVie, he worked at Solvay Pharmaceuticals, Inc. in Global Project Management and as a Therapeutic Area Leader in Women’s Health, Men’s Health and Clinical Pharmacology. Dr. Brennan is a graduate of Temple University and received the Ph.D. degree in Pharmaceutical Sciences from the Philadelphia College of Pharmacy and Science (now University of the Sciences).

Robert P. Lavieri

Robert P. Lavieri is an expert in the development and delivery of Governance programs for the development of sustainable compliance systems. His expertise in design, development, and implementation of Standard Operating Procedures, Best Practices, Good Manufacturing Practices (CGMP’s) and technical expertise across a broad range of compliance areas such as OSHA, EPA, FDA (Food Safety), DOT enable him to offer benchmarked results for clients. Mr. Lavieri is also a frequently requested trainer, educating manufacturers on HAZWOPER, Process Safety Management, Risk Management Program, Process Hazard Analysis (HAZOP, FMEA, FMCA, etc.) as well as Hazardous Communication (chemical safety).

Dietary Supplement GMP Online Short Course Available for Purchase

EAS Senior Director for Dietary Supplement and Tobacco Services, Tara Lin Couch, Ph.D., along with attorney Marc Ullman from Rivkin Radler, and EAS Independent Advisor for Quality and Compliance, Robert Fish, held a Dietary Supplement Short Course, consisting of four hours of regulatory content, recently. It is now available to view as an on-demand webinar on the EAS website. This video is $99 to view for non-EAS clients and free to view for EAS clients.

The GMP short course is a great tool for those seeking a broader overview of GMPs, as it covers the basics of working in a GMP environment including personal hygiene, sanitation, the use of Standard Operating Procedures (SOPs), and Good Documentation Practices (GDPs) and addresses the top 5 observations cited in FDA Warning Letters since 2010. To access the short course, click here. EAS clients may use discount code [clientwebinar], non-EAS clients will be billed upon viewing.

May Drug and Device Corner

In the ongoing effort to make more affordable drugs available to the public, FDA Commissioner Scott Gottlieb, MD issued a statement on the FDA’s efforts to assist in this process. Of particular note is the FDA’s commitment to ensuring generic drug developers have access to brand drug samples for their development process. You can read the commissioners statement here.

The U.S. House Energy and Commerce Committee has progressed with legislation to reform and modernize the OTC Monograph System. Included in this reform is a discussion of an OTC user fee program similar to that of PDUFA, GDUFA, and BsUFA. The FDA sees an OTC monograph user fee program as a means of resources that would encourage innovation and fund the necessary regulatory system update. Currently, each ingredient-specific monograph must be finalized through a multi-step public rulemaking process. This new legislation is proposing an administrative order process to replace the current procedures. EAS will keep you updated as this legislation evolves.

We want to bring to your attention the recently released Enforcement Policy – OTC Sunscreen Drug Products Marketed Without an Approved Application Guidance Document. In this guidance, the FDA articulates its enforcement approach for OTC sunscreen drug products that are being marketed without an approved application as well as those included in the final monograph (for which the effective date has indefinitely stayed.) We highly recommend reviewing this document to find out where your sunscreen products fall in regard to the formulation, testing, and labeling requirements and how this new enforcement policy may affect their continued marketing. To read FDA Commissioner Scott Gottlieb, MD’s statement regarding sun exposure and sunscreens, please follow this link.

The FDA has announced in the Federal Register Vol 83, No. 87 their final order regarding the General Hospital and Personal Use Needle Destruction Device. Effective 4 June 2018, this device will be renamed “sharps needle destruction device” and reclassified from a class III device (regulated under product code MTV) into class II (special controls) which will make it subject to premarket notification. The reclassification will lessen the burden on industry for marketing such devices while still ensuring reasonable safety and effectiveness for users.

The FDA has published in the Federal Register Vol 83, No 94 a proposed amendment to regulations concerning the classification of products as biological products, devices, drugs or combination products. The agency will be accepting e-comments on their proposed amendment until midnight ET 16 July 2018.

The FDA has a webpage dedicated to Drug Supply Chain Security Act readiness, please follow the link for further information. There have also been 3 draft guidance documents released in 2018 regarding the Drug Supply Chain Security Act. The link will bring you to the FDA page listing each of these documents.

Guidance Document updates on the FDA website




New Brewers Need to Know GMPs

By Charles Breen, Independent Advisor for FSMA

The explosion in the numbers of new breweries is a blessing for beer drinkers and their communities. In FDA’s eye, beer is food, and while exempt from preventive control requirements, brewers must comply with good manufacturing practice regulations, GMPs.

The FDA Food Safety Modernization Act (FSMA) is transforming the nation’s food safety system into one that is based on the prevention of foodborne illnesses by putting into place measures that will effectively prevent contamination. As any responsible grower, manufacturer, packer, and transporter know, keeping food safe to eat is paramount, no matter where it is produced, whether conventional or organic, whether the operation is small, medium or large, or whether it’s produce or process. Good Manufacturing Practices are critical to FSMA’s success.

A major new GMP component is the appropriate training of all employees to comply with GMPs. From managers to line staff, no matter the job and no matter the spoken language – everyone must understand and be able to apply those requirements that apply to their role in producing food. In FDA’s view, without this training, education and related experience, an employee is not qualified to act in their role or perform assigned duties. FSMA training encompasses everyone involved in the food industry, including domestic and foreign food producers and domestic importers.

Because the food industry, including brewers, is so varied, it is plain that a one size approach to training does not fit all. The most important goal for FDA is safe food, and the agency expects training programs to contribute to its accomplishment — that training advances knowledge in the food industry to meet FSMA requirements. Individuals must receive training in the principles of food hygiene and food safety, including the importance of employee health and hygiene as appropriate to the food, the facility, and the individual’s assigned duties.

There are a variety of FSMA training options available. FDA has a detailed webpage for many of the options including standardized trainings designed by the Food Safety Preventive Controls Alliance (FSPCA) and coordinated by Illinois Institute of Technology’s Institute for Food Safety and Health which offers technical information to help the domestic and foreign food industry comply with the requirements of the Preventive Controls rules for human and animal food, as well as the rule on Foreign Supplier Verification Programs (FSVP).

Those looking for FSMA compliance training need look no further than EAS. Many EAS Independent Consultants are Lead Instructors and we offer FDA recognized training programs as part of our FSMA educational curriculum.

EAS also hosts and participates in many industry webinars discussing the various aspects of FSMA, specifics of compliance and practical steps to bring facilities and operations into compliance.

Additionally, EAS is often an invited speaker as part of technical sessions at industry events such as the upcoming IFT Annual Meeting (where EAS will be moderating two sessions on FSMA) and the recent Dietary Supplement Regulatory Summit, (where Senior Director for Food Consulting Services, Allen Sayler, spoke on which parts and how FSMA applies to the dietary supplement industry).

EAS Consulting Group is a one-stop shop when it comes to education, assessing readiness, updating GMPs and other SOPs to bring processes into FSMA compliance and more. Our FSMA team takes great pride in the breadth and depth of services we offer.

Should you and your employees seeking FSMA training, look no further than EAS as we have a number of upcoming training seminars and on-demand informative sessions from which to choose.

And numerous On-Demand Webinars including:

Implementing a robust training program as part of your company’s FSMA compliance is a must and EAS Consulting Group offers many tools to help you get there.

EAS to Moderate Two Panels at IFT Annual Meeting, Exhibits at booth #S322

IFTEAS will be well represented at the upcoming IFT Annual Meeting taking place in Chicago, July 15-18, 2018. EAS Chairman and CEO, Ed Steele, President and COO, Dean Cirotta and Senior Director for Food Consulting Services, Allen Sayler, will be manning the EAS booth (#S322) and taking questions from conference attendees about the latest compliance requirements of FSMA as well as new services such as our Strategic Product Development and Labeling and our collaboration with FoodMinds on challenging marketing initiatives.

Charles BreenIn addition, Charles Breen, EAS Independent Advisor for FSMA will moderate two session panels as part of the IFT technical program, one on the Foreign Supplier Verification Program and another on Preventive Controls for Human Food. EAS Independent Consultant Susan Moyers, Ph.D. will be a panelist on both. Both sessions will be held in McCormick Place – S502AB.

The first session, Preventive Controls for Human Foods: Successes and Challenges for FDA and the Food Industry, will take place Monday, July 16 at 10:30-12:00 pm. In addition to Dr. Moyers, panelists will include Jeffrey Acker, Vice President of Food Safety and Compliance, Dairy Farmers of America; Joanne Givens, Director of the Office of Human and Animal Food Operations-West, Office of Regulatory Affairs, Food and Drug Administration and Robert Brackett, Ph.D., Illinois Institute of Technology Vice President and Director of IIT Institute of Food Safety and Health.

The next session, Food Importing – Green Light Strategies for Compliance with Game-Changing FSVP Requirements will take place Tuesday, July 17 at 10:30 am – 12:00 pm. In addition to Dr. Moyers panelists will include Robert Brackett and Gabriel Pascual, Founding Director & Managing Officer, Agency for Development of Export Markets (ADEM).

We look forward to seeing you at IFT and invite you to contact us in advance at asayler@easconsultinggroup.comto set up an appointment at the show to discuss your particular regulatory challenges.

EAS Authors Article in MedTech Intelligence on the New De Novo Pathway

EAS authored an article for MedTech Intelligence on FDA’s new approach to the regulatory pathway for De Novo medical device classification which simplifies the approval process for the class I or class II devices for which there is no one-to-one precedent or predicate. De Novo applications are appropriate in cases where it appears that the device meets the statutory standards for classification into Class I or Class II under section 513(a)(1) of the Food Drug & Cosmetic Act, and when the sponsor has determined that the device does not fall within any existing classification regulation.

EAS offers a number of services to the medical device industry. For more information, click here.

Why is Codex Alimentarius Important to Me?

By Allen Sayler

This month’s Ask the Expert is answered by Senior Director for Food Consulting Services, Allen Sayler, who recently returned from the 50th session of the Codex Committee on Food Additives held in Xiamen, China where 53 countries and 32 food industry observer organizations participated. Mr. Sayler has been an active food industry representative attending various Codex Committee meetings since 1997. Each month EAS experts tackle one question sent in by readers. To ask your question, please use our Contact Us form on the website.

Question: As a small, medium or large food manufacturer, why are Codex food standards important to me? I don’t export outside of the US and I don’t use imported materials in my production.

Sayler: The adoption of Codex food standards is intended to result in a similar change to individual country food standards, so they are similar or identical to Codex standards. This will affect all US food manufacturers, even those that do not export foods to other countries.

While Codex Alimentarius standards are voluntary, all participating governments (approximately 190) have agreed that as Codex adopts food standards, member countries should start changing their food standards to reflect these internationally-recognized Codex standards. If a country like the US does not start the process of changing its food standards to be similar to the Codex standards, and another Codex member country challenges this, the dispute is resolved using the World Trade Organization’s “Dispute Settlement Body”. The loser has to either change its food standards, pay the winner a fee comparable to the lost income from not having access to the loser’s markets or agreed that some of the loser’s food exports will be blocked by the winning country(s). While US government adoption of Codex food standards has been slow, over time, it is likely that US food standards will be changed.

Background Information: The Codex Alimentarius Commission, (meaning “Food Code” in Latin), is a United Nations-supported organization that develops food standards, guidelines, and operational principles in order to protect consumer health and facilitate international trade. These documents range from food quality and safety requirements, pesticide, and vet. drug residues, food additives, food hygiene, food contaminants, labeling as well as new food standards for fruits and vegetables, seafood, dairy products, etc. All Codex documents are intended to be scientifically-based in order to protect the health of those consuming the food. Specific country and regional standards, preferences and non-scientific requirements are not intended to override applicable Codex standards.

Using the recent Codex Committee on Food Additive meeting in China as an example, over 500 new food additive provisions were adopted while another 200 were blocked from adoption or removed from the Codex General Standard for Food Additives (GSFA). In addition, all food additives in the various Codex food standards are being methodically moved into the GSFA, which means some of importance to the food manufacturing industry may be dropped or maximum use level changed. Differences in each country’s food additive regulations are one of the primary reasons for blocking food imports.

There are many examples where Codex standards have been adopted as the national standard of food safety and policy, and even more examples where exporting countries have found that adoption of Codex standards to be a key to success due to its reference in bilateral and plurilateral trade agreements. Countries that wish to adopt Codex standards as their own national standard may receive support in doing so. The important work of the Codex Commission has created a greater worldwide awareness of food safety, quality, and consumer protection issues.

Last month you may have taken the opportunity to read the article written by Bruce Silverglade in EAS-e-News on the US Codex office’s move within the USDA and new opportunities that may provide food companies. Answers to more specific questions on the US Codex Alimentarius Commission or FAO Codex can be addressed to

Medical Device Innovations and the Regulatory Landscape

Dear Reader,

Edward A. SteeleWelcome to the June edition of the EAS-e-News. Summer is upon us but FDA is not slowing down with updates, enforcement, and impMedical Device Innovations and the Regulatory Landscaperovements to efficiency.

On the OTC monograph front, reforms are moving forward which will allow for a more streamlined regulatory process, faster safety label changes, and resources for agency oversight of OTCs as well as to enable innovation. Approximately 60% of medicines sold in the U.S. are OTCs, according to the Consumer Healthcare Products Association, and improvements to the process of OTC regulation will greatly enhance the industry from both and manufacturer and consumer perspective. You may read more about this reform in the Drug/Device Corner.

EAS has added two new training seminars scheduled for October in Alexandria, VA. The FSPCA Preventive Controls for Human Foods (PCHF)and FSPCA Foreign Supplier Verification Programs (FSVP)will take place October 1-3 and October 3-4 respectively. EAS is proud that many of our independent consultants are lead instructors for this FDA recognized training which meets the FSMA intent of a having a “Preventive Controls Qualified Individual” on staff who is able to oversee FSMA compliance at a facility.

Our FSMA Perspective, written by Charles Breen, our Independent Advisor for FSMA, discusses training requirements for GMPs which apply to all industries and is now mandated under FSMA. Meeting this training requirement can be challenging, particularly to those segments which newly fall under the FSMA umbrella such as the craft beer industry. Charles lays out some important training considerations and EAS offers opportunities to meet the requirements through the FSPCA training, as well as providing webinars which offer a broad overview of regulatory requirements.

Registrations for our upcoming Food Labeling and Dietary Supplement Labelingseminars which are taking place in Kansas City, MO at the end of September are strong. If you are in need of compliance training in these areas please join us. The Food Labeling Compliance Seminar also offers 16 CECs through the Commission on Dietetic Registration.

In our Issue of the Month, Dawn Wydner discusses the regulatory landscape for medical devices saying that new technologies are rapidly changing the way device manufacturers operate. The increase in minimally invasive methods, devices that reduce lengthy recoveries, tissue engineered devices, advances in diagnostic and “smart” products all offer substantially better-informed diagnoses and treatments, as well as unique compliance challenges.

Our Ask the Expert is answered by Senior Director for Food Consulting Services, Allen Sayler, and addresses the question of why Codex standards are important, even when companies don’t export product or import ingredients and materials from outside the U.S. You may remember, Allen recently returned from a Codex food additive meeting in China, where over 500 new food additive provisions were adopted while another 200 were blocked from adoption or removed from the Codex General Standard for Food Additives (GSFA). Paying close attention to Codex standards definitely does matter.

EAS welcomes new Independent Consultants Charles Otto, Robert Kapp, Ph.D., Sanaullah Khan, John J. Brennan, Ph.D. and Robert Lavieri. Charles Otto is a former Environmental Health Officer and Deputy Chief at the CDC where he provided guidance on all aspects of environmental health to the CDC Vessel Sanitation Program staff, member cruise lines, shipyards, and other global collaborators; Robert Kapp is a toxicologist involved with the development and safety of new and existing products in the chemical, petrochemical, food, consumer products, and pharmaceuticals industries; John J. Brennan, Ph.D. is a former Senior Project Leader in Global Pharmaceutical Research and Development at AbbVie; and Robert Lavieri has extensive expertise in the development of SOPs and GMPs as well as technical expertise across a broad range of compliance areas such as OSHA, EPA, and FDA. I invite you to read more about their backgrounds in the Who’s Who section of this issue.

EAS is speaking and moderating in a number of industry events in the next few months, from the American Dairy Safety Association (ADSA), International Association of Food Protection (IAFP), Council for Responsible Nutrition (CRN) to two panels at the Institute for Food Technologists (IFT), EAS continues to be invited speakers, providing the latest regulatory information to a wide industry audience. If you are planning to attend any of these events, please stop by and say hello.

Lastly, I wish to recognize two consultants who have been named to the USDA National Advisory Committee on Microbiological Criteria for Foods, Dr. Omar Oyarzabal, who is a returning member and Dr. Kathy Glass who is a newly elected member. Those who participated in our hugely popular webinar on FSMA’s impact on Acidified Foods will remember Dr. Oyarzabal. This webinar generated so many questions that EAS authored a Q&A published in Food Safety Tech Magazine, based on the presentation. Dr. Glass was one of a panel of presenters that included Mickey Parish, a senior science advisor with FDA CFSAN and Elizabeth Fawell, counsel at the law firm Hogan Lovells in a webinar covering FDA enforcement for Listeria in food processing. Congratulations to both Dr. Oyarzabal and Dr. Glass!

Thank you as always for your interest in EAS and I hope you enjoy this latest edition of EAS-e-News. Please feel free to share this newsletter with your colleagues and please feel free to reach out should you have any questions.


Ed Steele
Chairman and CEO

USDA Announces Members of NACMCF – Two EAS Independent Consultants are Included

The names of new and returning members of the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) have been announced and the committee now includes two EAS Independent Consultants. Returning member, Dr. Omar Oyarzabal who is a professor at the University of Vermont and newly elected member, Dr. Kathy Glass, a professor at the University of Wisconsin at Madison. The NACMCF was established in 1998 by the USDA’s Food Safety and Inspection Service (FSIS), the U.S. Department of Health and Human Services, Food and Drug Administration, Centers for Disease Control and Prevention, the Department of Commerce’s National Marine Fisheries Service, and the U.S. Department of Defense and the committee provides impartial scientific advice on issues pertaining to food safety. Says Sonny Perdue, US Secretary of Agriculture, “The committee members represent a diverse group from academia, consumers, the food industry, laboratories, consultants and government agencies, all of which play an important role in providing scientific advice and expertise to USDA on food safety and wholesomeness.”

FDA Expands Data Dashboard to Include FSMA

A new section of the FDA Data Dashboard has been launched to help importers and manufacturers/processors meet supply-chain requirements under the FDA Food Safety Modernization Act (FSMA) by helping them more easily find compliance and enforcement information related to specific firms. Three of the FSMA rules contain supply-chain requirements: the Foreign Supplier Verification Programs rule, the Preventive Controls for Human Food rule, and Preventive Controls for Animal Food rule.

The Data Dashboard allows users to search multiple databases. The data used to generate the dashboard graphs and search results are based on data already available to the public through the website. The datasets and data include the Inspections Database, Recalls, Import Alerts and selected data elements from the compliance and enforcement related information on Additional data will be included in future releases of the Dashboard. You may find the location and additional information about each dataset and other data sources by clicking on the Compliance Dashboards or FSMA Data Search options above.

To assist with the evaluation process, FDA created a Supplier Evaluation Resources page to help importers and manufacturers/processors find relevant compliance and enforcement information for their suppliers, but that page required them to search multiple databases.

Preventive Controls for Human Food and Foreign Supplier Verification Program FSPCA Courses Offered

EAS Independent Consultant and FSPCA recognized lead instructor, Jenifer Kane, will co-instruct two FSPCA courses with Independent Consultant and trainer Susan Moyers, Ph.D. on the intricacies of Preventive Controls for Human Food as well as the Foreign Supplier Verification Program. Both courses will take place in early October in Alexandria, VA.

The Current Good Manufacturing Practice, Hazard Analysis, and Risk-based Preventive Controls for Human Food regulation (referred to as the Preventive Controls for Human Food Regulation) is intended to ensure safe manufacturing/processing, packing and holding of food products for human consumption in the U.S. and requires that certain activities must be completed by a “preventive controls qualified individual” who has “successfully completed training in the development and application of risk-based preventive controls”. This course meets FDA’s requirement. Join EAS October 1-3, 2018 in Alexandria for this 2.5 intensive training. Earlybird discounts are available through August 14, 2018.

Next, the “Foreign Supplier Verification Program (FSVP)” requires importers to verify that their foreign suppliers of food, food ingredients and food additives imported into the US market are compliant with all parts of the FSMA and its “Preventive Controls for Human Foods (PCHF) and “Preventive Controls for Animal Feeds (PCAF”) regulations. EAS’ two-day intensive FSVP Compliance Seminar will explain in detail FSVP rules, risk exposure by importers as well as US-based food processors using foreign sources of foods, food ingredients, and food additives. Join us October 3-4, 2018 for this 1.5-day training. Earlybird rates are in effect through August 14, 2018.

Meet Issue of the Month Author Dawn Wydner

Dawn Wydner, consults in pharma and medical devices, providing proactive compliance and application of quality oversight in all aspects of operational strategy, coordination and conduct. Prior to consulting she was the Senior Director of BioResearch, Quality, and Compliance at Janssen Research & Development, LLC where she oversaw GxP regulatory requirements and compliance issues and provided guidance on GCP/GLP mock inspections and audits of clinical investigators, CROs, SMOs, sponsors/monitors, animal laboratories and IRBs. She is a sought-after speaker, sharing her expertise on topics such as Sponsor Monitor Inspection Management and Expectations, Inspection Readiness and FDA Trends, Analytical Risk Management.

Medical Device Innovations and the Regulatory Landscape

By Dawn Wydner, Independent Consultant

I’m amazed as I watch a Health Care System and then a Spectrum commercial to what our future holds with the sophisticated, interactive medical device and technology innovations and how they will enhance the capabilities of diagnosis and treatment. My regulatory mind then kicks in and wonders how these amazing innovations will pose operational and data reliability challenges for both industry and regulators in areas ranging from clinical trials to device design and development, and ultimately to the commercially approved and marketed devices.

For Federal Agencies and other institutions involved in the evaluation, funding, manufacturing, distribution, and clinical use of medical devices, it is clear that the landscape of these activities will be changing in considerable ways. The increase in minimally invasive methods and devices to reduce lengthy recoveries, developments in decentralized care, tissue engineered devices, advances in diagnostic and “smart” products, to the growing sophistication of electronic medical information systems hold for substantially better-informed diagnoses and treatments. Yet, these same developments will generate increased pressure for more effective data capturing systems and methods to handle the data, coupled with concerns related to device accountability, source, supply/availability, and quality.

Regulatory health authorities around the globe are taking steps to be prepared. Are you ready and will you be in compliance when new and upcoming regulations take effect…

Data Acceptance

The FDA issued a final rule, effective Feb. 21, 2019.

Under the new rule, FDA is requiring sponsors and applicants to affirm that clinical investigations outside the United States were conducted in accordance with Good Clinical Practices (GCPs) when the data are submitted for medical device applications.[1] The final rule also amends criteria for investigations conducted within the United States to require applicants and sponsors to state that the investigation complies with FDA regulations for human subject protection, institutional review boards, and investigational device exemptions (IDEs).[2] If an investigation is not conducted in accordance with those regulations, a brief statement of the reason for the noncompliance is required.[3,4]

The US FDA’s new requirements will affect device development strategies, including where to conduct such trials. The necessary patient population in the disease prevalent area of the clinical trial may not have the economic means for network availabilities to fully comply with the use of the sophisticated investigational device product. Education of ex-US trial sites will need to be enhanced, and cost of ensuring trial sites have adequate systems and equipment to effectively run and capture trial data will need to be considered as part of the strategic site selection process without creating bias.

European Union’s (EU) Medical Device Regulation (MDR)

The EU MDR is expected to come into effect in late 2019 or early 2020. This will give national regulators more control and oversight of the medical devices industry. The aim of the new regulation is to ensure that products are effective and safe as well as can be freely and fairly traded throughout the EU. The impact of this regulation can alter the operations of medical device manufacturers most notably on the supply chain and quality management systems of the organizations. It is critical that industry takes steps now to prepare their organizations and start implementing changes.

Data Integrity

Data integrity continues to be a priority and a hot topic. Regulators are focused to detect data integrity, data manipulation, and fraud. They must be able to rely upon the accuracy and completeness of the data and information generated, providing assurances to the products’ safety, identity, strength, purity, and quality which are all dependent on the validity of the data and information obtained.


Regulators are gaining more control and oversight of the medical devices industry. They are taking steps to prepare for the new innovations and enhanced capabilities of diagnosis and treatment with medical devices. It is important for medical device companies to proactively prepare for these changes as their impact could be significant. These include impacts on the cost of implementing changes to organizational prioritization and to internal processes around device accountability/supply, source, availability, and quality. If industry and regulators continue to maintain their role of ensuring compliance, new innovative devices can be made available, safely and effectively for patients, providing for better healthcare outcomes.

[1] US Food & Drug Admin., Human Subject Protection; Acceptance of Data from Clinical Investigations for Medical Devices, 83 Fed. Reg. 7366(Feb. 21, 2018) (hereinafter Medical Device Rule).

[2] See 21 C.F.R. §§ 50, 56, 812.

[3] 21 C.F.R. § 812.27(b)(4)(ii).

[4] Medical Device Rule at 7370.