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Briarcliff767
Briarcliff767, FDA-expert
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We build palletizers with indirect food contact. We move the

Customer Question

We build palletizers with indirect food contact. We move the cases of food products on a conveyor after they have been packaged. We are being asked to provide a letter stating that our equipment on the products we sell them are manufactured with FDA-approved materials, no allergens. In years past this has not really applied to us because we only come in contact with the finished package and are now being ask this to meet the legislation that was passed in 2011. Does this apply to us and if so where can I find a list of approved products? Do I have to have my equipment inspected or certified FDA complainant now?
Submitted: 1 month ago.
Category: FDA
Expert:  Briarcliff767 replied 1 month ago.
Hi, my name is ***** ***** I am happy to assist you.. It is the manufacturer’s/supplier’s responsibility to ensure their food-contact material products comply with all relevant regulations for indirect food additives/food contact materials. For regulatory information (including identity and specifications for the various food contact materials), please refer to the following hyperlink which will provide you with information that will assist you in comprehending the regulatory framework surrounding this category:Determining the Regulatory Status of Components of a Food Contact Material
Also, please review 21U.S.C.342 where it states, "A food shall be deemed to be adulterated—
If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health.1 (2)(A) if it bears or contains any added poisonous or added deleterious substance (other than a substance that is a pesticide chemical residue in or on a raw agricultural commodity or processed food, a food additive, a color additive, or a new animal drug) that is unsafe within the meaning of section 346 of this title; or (B) if it bears or contains a pesticide chemical residue that is unsafe within the meaning of section 346a(a) of this title; or (C) if it is or if it bears or contains (i) any food additive that is unsafe within the meaning of section 348 of this title; or (ii) a new animal drug (or conversion product thereof) that is unsafe within the meaning of section 360b of this title; or (3) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 348 of this title."

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