Do FDA Regulations Require “Forwarders” to Register?
Initial guidance offered by the FDA on October 10, 2003 stated that FDA had clarified in §1.227(b)(2) of the interim final rule that “forwarders” were required to register. FDA stated: “However, stationary facilities that serve to assist transporters, such as truck or marine terminals or freight forwarders, are required to register because they hold food.” However, in Q&A 20 issued January 12, 2004, the FDA, in responding to the question of whether “truck terminals” and “freight forwarders” having food on their premises as part of the shipment process, were required to register, stated an unequivocal, “No”. FDA further explained that “truck terminals and freight forwarders that are part of the transportation network and have possession, custody, or control of food for the sole purpose of facilitating its transport are not required to be registered with FDA.” In view of the apparent inconsistencies of these statements, FDA was asked by Rodriguez O’DonnellGW to clarify the issue. The res
