Food Laboratory Accreditation Rule Published to Some Concern

FDA publishes long-delayed rule detailing the use of laboratory oversight for food testing.


An unpublished provision of the Food Safety Modernization Act (FSMA) was addressed in early November with FDA’s publication of the proposed rule, Laboratory Accreditation for Analyses of Foods, which details the use of laboratory oversight for food testing.

“The proposed rule takes important strides to ensure that laboratories demonstrate their competency in testing food,” said Food Laboratory Alliance Director Robin Stombler. “Demonstrating appropriate validation methods, passing proficiency testing, and complying with the international standard ISO 17025:2017 are essential elements with which all food testing laboratories should adapt.”

Laboratories would be required to conduct proficiency testing at least once per year which LGC PT Operations for North America Director Heather Jordan said “will help improve the functioning of the laboratory and ensure the delivery of accurate results.”

Under the proposed rule, FDA would rely on recognized accreditation bodies to assess laboratories’ management system implementation and test method accuracy, including method validation, to determine if verification studies are applied properly. “As an accreditation body, we welcome this expanded role and agree that accrediting bodies demonstrate competency to ISO/IEC 17011:2017,” said A2LA President and CEO Lonnie Spires.
 
Stombler noted two areas of concern with the rule: that it is limited in reach and would apply only when certain testing conditions are met; and that excessive and duplicative data collection requirements jeopardize the ability of laboratories to comply. “Its scope must expand to ensure accurate food testing benefits all Americans,” agreed Stop Foodborne Illness CEO Mitzi Baum.

There also is some industry concern over the proposed rule’s new Food Testing Order provision (proposed § 1.1108) and how and when it would be applied. The provision provides that FDA “may require an owner or consignee of an article of food to conduct food testing, or to have food testing conducted on their behalf, under this program, to address an identified or suspected food safety problem related to the article of food” and “would thereby constitute notice of an opportunity for a regulatory hearing under 21 CFR part 16.” 

Electronic or written comments on the proposed rule may be submitted through March 3, 2020. For more information, see the rule’s instructions, which follow the Summary, in the Federal Register.