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GAO-16-730R 1 (2016-06-10)

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G     A             U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328136


June 10, 2016

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Health and Human Services, Food and Drug Administration:
        Mitigation Strategies To Protect Food Against Intentional Adulteration

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the Department of Health and Human Services, Food and
Drug Administration (FDA) entitled Mitigation Strategies To Protect Food Against
Intentional Adulteration (RIN: 0910-AG63). We received the rule on May 27, 2016. It
was published in the Federal Register as a final rule on May 27, 2016. 81 Fed. Reg.
34,166.

The final rule requires domestic and foreign food facilities that are required to register
under the Federal Food, Drug, and Cosmetic Act to address hazards that may be
introduced with the intention to cause wide-scale public health harm. These food
facilities are required to conduct a vulnerability assessment to identify significant
vulnerabilities and actionable process steps and implement mitigation strategies to
significantly minimize or prevent significant vulnerabilities identified at actionable
process steps in a food operation. FDA is issuing these requirements as part of their
implementation of the FDA Food Safety Modernization Act.

Enclosed is our assessment of FDA's compliance with the procedural steps required by
section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that FDA complied with the applicable requirements.


GAO-1 6-730R

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