The court did grant the FDA part of its motion by extending the deadline for publishing the proposed sanitary transport rule and the comment period, although, the date for the final rule implementation remains unchanged. The court denied the request to extend the deadline for promulgation of the intentional adulteration rule, noting that this dispute is between the FDA and Congress. The court states that it is unwilling to permit the FDA to continually delay implementation of this rule because of the clear Congressional directive that FSMA rule implementation be a closed-ended process.
For more information, please see the order filed by the court.
Written by Sarah L. Doyle - Research Assistant
The Agricultural Law Resource and Reference Center
August 15, 2013