The Food Safety Modernization Act (FSMA) is the most significant overhaul of US food safety law in more than 70 years. While most attention focuses on food manufacturers and processors, FSMA has direct implications for anyone who ships food and beverage products by freight. The Sanitary Transportation of Human and Animal Food rule, which took full effect in 2018, places specific obligations on shippers, carriers, loaders, and receivers of food products.
Who Does the Sanitary Transport Rule Apply To?
The rule applies to shippers, carriers, loaders, and receivers of food transported by motor or rail vehicle in the United States, with some exemptions. It covers food that requires temperature control for safety, as well as food that does not require temperature control but could be contaminated during transport (for example, by prior loads or unsanitary conditions in the trailer).
Key exemptions include: transportation by the shipper themselves (private carriage using their own vehicles), shipments of less than $50,000 annually by motor vehicle, fully enclosed live animals, raw agricultural commodities transported by farm vehicles, and food completely enclosed in containers that prevent contamination.
Shipper Responsibilities Under FSMA
As a shipper, you have four primary obligations under the Sanitary Transport rule:
- Specify transport conditions: You must communicate the required temperature, pre-cooling specifications, and any other conditions necessary for safe transport to the carrier in writing.
- Verify carrier compliance: You must take reasonable steps to ensure the carrier can maintain the required conditions. This includes verifying that the carrier's equipment is adequate and properly maintained.
- Provide written procedures: Document the sanitary transportation practices for each shipment type, including temperature requirements, pre-cooling protocols, and any special handling instructions.
- Maintain records: Keep written agreements and records of your sanitary transportation procedures, training, and any corrective actions for at least 12 months.
Temperature Control Requirements
Temperature-controlled freight is the most heavily regulated area under FSMA transport rules. Shippers must specify the required temperature range and any pre-cooling requirements. Carriers must demonstrate that their refrigeration units can maintain the required temperature throughout transit. Temperature monitoring — either continuous recording devices or pulp temperature checks at delivery — must be documented.
Common temperature requirements include: frozen products at 0 degrees F or below, refrigerated products at 33 to 40 degrees F, and certain pharmaceuticals and biologics with even tighter ranges. If you ship temperature-sensitive products, make sure your food and beverage freight partner understands and documents these requirements for every load.
Trailer Cleanliness and Prior Load Requirements
Even for food that does not require temperature control, FSMA mandates that trailers be clean, dry, and free from contamination. Shippers should inquire about prior loads — a trailer that last carried chemicals, waste, or raw animal products may not be suitable for transporting food without professional cleaning and documentation.
Best practice is to request washout certificates from the carrier verifying that the trailer has been professionally cleaned between loads, especially when the prior load was a non-food commodity. Some food shippers require dedicated trailers that only carry food products to eliminate cross-contamination risk entirely.
Training Requirements
FSMA requires that personnel involved in sanitary transportation operations receive adequate training. This includes your shipping dock staff who load trailers, carrier drivers who transport food, and anyone responsible for monitoring temperature or inspecting equipment. Training must be documented, and records must be retained. The FDA has not mandated a specific training curriculum but expects training to be appropriate for each person's role.
Compliance Checklist for Shippers
- Establish written sanitary transport procedures for each product category
- Include temperature requirements, pre-cooling specs, and loading instructions in all carrier communications
- Verify carrier equipment is adequate and properly maintained
- Request prior load documentation or washout certificates for trailers carrying food
- Document temperature conditions at pickup and delivery
- Train dock staff on FSMA loading and inspection requirements
- Maintain records for a minimum of 12 months
- Establish a corrective action process for transport condition deviations
FSMA compliance is not optional — FDA inspectors can and do audit shippers as well as carriers. If you ship food products, partnering with a freight dispatch service that understands food safety regulations ensures your shipments are compliant and your documentation is in order. Request a quote to discuss your food freight needs.