best practices recalls - u s food and drug … for food protection’s surveillance, response and...
TRANSCRIPT
Partnership for Food Protection’s
Surveillance, Response and Post Response Workgroup presents
Best Practices for Improving FDA and
State Communication During Recalls
Summer 2015
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Version updated: August 2015
Table of Contents
I. Executive Summary/Introduction 3
II. Background 4
III. Best Practices 5
IV. Acknowledgements 7
V Attachment A. 24 hour RES E-‐mail format
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Executive Summary
ntified in this doc
The best practices ide ument are intended to encourage and enhance timely reciprocal communication of recall information among the U.S. Food and Drug Administration, State and local government agencies (hereinafter partner agencies) during Class I recalls and outbreaks. Information sharing between the agencies will save government resources and promote a safe and secure food supply.
The focus of the Partnership for Food Protection (PFP) Surveillance, Response and Post Response Workgroup was to enhance recall transparency, communication, and sharing of information that would help move us forward with implementing an Integrated Food Safety System (IFSS). The workgroup identified best practices for sharing recall activities that will not unduly impact the high workload of partner agencies’ recall staff.
To develop the best practices, the following recall activities associated with information sharing were identified:
• Differing regulations such as commissioning and sharing agreements that impact the timely sharing of recall information
• Format of information to be shared
• Information technology issues between partner agencies
• Identification of FDA and partner agencies recall staff members with whom information can be shared and methods of contacting
• Consideration and possible identification of a universal recall reporting portal to capture and share recall and outbreak information in a timely manner which is accessible by all authorized partner agencies
Not all best practices will be applicable in every situation; however, they should be considered where appropriate for the effective coordination of recall activities and the leveraging of mutual resources. This is a living document. As additional best practices are identified, they will be captured in this document.
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Background
A recall is a firm's removal or correction of a marketed product that FDA considers to be in violation of the Federal Food, Drug, and Cosmetic Act, and against which the Agency would initiate legal action (e.g., seizure). Food firms are typically regulated jointly at the Federal level (by the FDA and/or U.S. Department of Agriculture) and at the state level. This recall project focused on the FDA and State relationship during a Class I recall or outbreak. Because recall activities are performed by both the state and FDA, there is often a duplication of efforts by staff that are coordinating and monitoring recalls. During Class I recall or outbreak situations, it is critical that state and FDA recall activities are coordinated to leverage resources to ensure a timely and effective public health response. The intent of developing a best practice is to reduce the burden on recall staff and improve recall coordination activities between state agencies and the FDA.
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Best Practices
Comprehensive and timely communication is critical to ensure that regulatory agencies are able to appropriately respond to a Class I recall or a recall related to an outbreak event. Ensuring that product information, distribution lists, and audit check assignments are shared expeditiously between FDA and state agencies will greatly improve our ability to jointly respond to a recall event while reducing duplication of work. The following best practices were developed to address communication needs.
All best practices contained in this document are intended to be shared only in accordance with the law and applicable regulations.
Best Practice #1: Partner agencies should identify staff to serve as primary and secondary recall contacts for emergencies and routine recall activities. Names and contact information should be shared with all recall partner agencies. Partner agencies should commit to keep the contact list up-‐to-‐date and accurate. These individuals would be responsible for ensuring that recall information including press releases, distribution lists, audit check assignments, and audit check documentation are communicated between FDA and the state. These individuals would also facilitate any joint recall response activities between agencies to leverage resources and reduce duplication of efforts.
Best Practice#2: Partner agencies identify, at a minimum, 1 primary and 1 alternate recall staff member to be FDA Commissioned and/or covered under a 20.88 agreement in order to facilitate and enhance sharing of recall information during Class I recalls and outbreaks.
Note: The information shared during a Class I food recall or outbreak could be both Commercial Confidential Information (CCI) and Trade Secret information.
CCI includes information such as customer and product distribution lists that would be shared during a recall. CCI information can be shared under a 20.88 agreement.
Trade Secret information can include information such as product formulation and recipe information, and can only be shared with officials commissioned by the FDA.
The majority of information exchanged during a food recall is considered CCI. Partner agencies should require recall staff to either be covered under a 20.88 agreement or be commissioned by FDA.1
1 21 CFR 20.88 allows FDA to share certain non-‐public information with state and local government officials (referred to collectively as state officials below). This is referred to as a 20.88 agreement. This agreement is intended for information sharing of non-‐public information such as confidential commercial information (CCI) and deliberative information. In order for FDA to share non-‐public information under a 20.88 agreement, there must be a written statement establishing that the state government agency entering into the agreement with FDA has the authority to protect CCI from disclosure and a written commitment that the state agency will not further disclose any such information provided to it. Such agreements do not allow the transmission of trade secret information.
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Best Practice #3: Partner agencies should create a dedicated recall e-‐mail account for communicating and sharing recall information.
Note: Access to this email account should be restricted to commissioned officials or staff identified under a 20.88 agreement.
To avoid violating applicable laws and regulations, all e-‐mails sent to this dedicated e-‐mail address should contain an identifier in the subject line identifying if the e-‐mail contains information for commissioned officials only. Partner agencies should ensure members are adequately trained to ensure they open only e-‐mails they are authorized to read. An example of a proposed e-‐mail format is found in Attachment A.
Best Practice #4: Recall coordinators should sign up for the available FDA recall information (e.g. RSS feeds, Photo Stream, Twitter) on the FDA website to ensure access to the most recent updates.
Note: Anyone wishing to subscribe to Recalls, Market Withdrawals, and Safety Alert updates can link to the FDA website and sign up using the following link: https://public.govdelivery.com/accounts/USFDA/subscriber/new?topic_id=USFDA_48 located on the FDA Recalls, Market Withdrawals, and Safety Alerts home page, and submit the required information. To sign up for updates on enforcement reports, subscribers should access the enforcement report page: http://www.fda.gov/Safety/Recalls/EnforcementReports/default.htm .
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Acknowledgements The PFP Surveillance, Response and Post Response Workgroup consisted of volunteers from 14 state partners and FDA staff from Headquarters, Centers, and Field positions. These individuals shared their time, experience, ideas, and dedication to further an IFSS. Project Chairs: Wanda Lenger, FDA, and Brad Honold, MN Workgroup members: Alida Sorenson, MN; Brian Ravitch, FDA; Carl A. Huffman, FDA; Carrie Rigdon, MN; Cecilia Wolyniak, FDA; Darlene Krieger, FDA; Emma Nesbit, FDA; Eric Pittman, FDA; Erin Sawyer, NY; Franklin Ohaegbu, FDA; Jeanne Machado-‐Derdowski, CA; Jeff Gard, AK; Jessica Badour, GA;; Jingyun Duan, OR; Julianne McCullough, FDA; Julie Loera, TX; Julie Vosilus, FDA; Laureen Kononen, FDA; Lisa Gilliam, FDA; Lisa Hainstock, MI; Maria Caride, FDA; Marilyn Santiago, FDA; Marjorie Schultz, FDA; Michelle Motsinger, FDA; Nancy Beyer, MO; Nelson Venerio, FDA; Pamela LeBlanc, FDA; Pamela Ogonowski, FDA; Richard Beckstrand, UT; Richard Stephens, FL; Ruth Posadas, MS; Ryan Cates, FDA; Sherrie Krolczyk, FDA; Susan Liner, FDA; Susie Bautista, WA; Terri T. McConnell, FDA; Tom Kuntz, FDA; Thanh Tran , FDA; Vickery Brewer, FDA; and William Murray, FDA.
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Attachment
Attachment A
Format for E-‐mails between FDA District Offices and State Partners
E-‐Mail Header:
1To: FDA or State contact’s name or e-‐mail address From: FDA or State contact’s name or e-‐mail address Date: MM/DD/Year Subject: Ex 1. For Commissioned and 20.88 Officials ONLY -‐ Info. on New Recall -‐ Firm’s name, Product,
Short reason for recall. Ex 2. For Commissioned Officials ONLY – Info. On New Recall – Firm’s name.
2Product, Short reason for recall. Body of e-‐mail: Typed or Attachments Example: Recall Information Recalling firm name and address Name of firm’s recall contact if available Product Name Reason for recall Probable recall classification Product description (images/product labeling) Affected lots/serial numbers Firm’s Recall Strategy Area of Distribution Copy of firm or states press release Copy of recall notification if available
REMINDER: For recall purposes -‐ FDA can only share non-‐public information e.g. Commercial Confidential Information (CCI) with individuals covered under a 20.88 agreement or an FDA Commissioned Official. Trade Secret information can only be shared with an FDA Commissioned Official.
1 FDA Example: [email protected] for FLA District Office Recall Staff. A complete listing of FDA District Office
email addresses can be found at: http://www.fda.gov/Safety/Recalls/IndustryGuidance/ucm129334.htm.
State Example: None at this time.
2 Subject Ex: For Commissioned and 20.88 Officials ONLY – Info. On ABC Inc. Recall of Gala Apples for L. mono