SAFE AND SECURE TRANSPORTATION OF FOOD GUIDELINES
The information contained in this document is intended to provide guidelines on suggested
policy and practices for the safe and secure transportation of food on commercial motor
vehicles. These guidelines will assist motor vehicle officers / inspectors in the defense of food
safety during transportation. Adoption of these guidelines, or any portion thereof, by member
jurisdictions are strictly voluntary.
Introduction
As the Sanitary Food Transportation Act of 2005 states, commercial motor vehicle officers and
rail safety inspectors will observe shipments of food products for signs of potential
contamination during routine inspections and report concerns to the Food Safety Inspection
Service (FSIS) based on the product.
Observing the Cargo
While examining the cargo officers/inspectors are encouraged to watch for:
1. Meat, poultry, or liquid egg products that do not have U.S. Department of Agriculture
(USDA) logo or any product labeling (except of Canadian products)
2. Meat, poultry, liquid egg, and food products that are labeled in a foreign language only
(the product may be smuggled)
3. Food emitting a spoiled odor or spillage, such as juices, blood, etc., in the cargo area or
from bulk transport vehicles
4. Perishable food in cargo area and inoperable refrigeration unit
5. Discoloration of liquid food, such as egg products, milk, etc.
6. Foods being shipped with chemicals, fertilizer, pesticides, etc.
7. Evidence of product tampering, such as a broken seal and cut tape/straps on box(es)
8. Evidence of back-hauling
Information to Report to Food Safety Inspection Service (FSIS)
Information reported to FSIS should cover as many of the following details as possible:
1. Date, time and location of stop
2. Name of transport carrier
3. License tag number
4. Type of food product and quantity
5. Specific problem identified
6. Destination of product
7. Name and contact information of Officer/Inspector making the stop
8. Copy or information of shipping papers, invoice, bill of lading, etc.
9. Name and address of consignee (recipient of goods)
10. Photo of the violation for documentation (if possible)
Fax or email all information to your regional contact as listed at the bottom of your form.
Samples of Definitions and Regulations:
Sample Definitions
“Acceptable temperature” - means a temperature established in a rule or regulation adopted
by the state department of health with respect to the storage and transportation of a particular
food and enforced by the state department of health or a local health department
“Health inspector” – refers to an agent or employee of the state department of health or local
health department
“Law enforcement officer” – means (1) a state police officer or (2) a state police motor carrier
inspector with authority to enforce this article
“Local health department – refers to a local health department established by the health and
hospital corporation
“Motor vehicle for the transportation of food” – means a motor vehicle that is (1) engaged in
the transportation of food
Sample Regulations
Compliance with applicable rules concerning transportation of food
A person may not operate a motor vehicle for the transportation of food upon a public highway
unless the motor vehicle is in compliance with applicable rules adopted by the state
department of health concerning the transportation of food.
Inspection to determine compliance; noncompliance; Class A infraction; inspection by law
enforcement officer or health inspector; transporting food ordered disposed; Class A
misdemeanor; impoundment
(A) A law enforcement officer may inspect a motor vehicle used to transport food to
determine compliance.
(B) During the course of an inspection
a. a law enforcement officer determines that:
i. the temperature of the food is more than two (2) degrees above the
acceptable temperature;
ii. the food exhibits outward signs of contamination, spoilage,
deterioration, putrefaction, or infestation; or
iii. the food is improperly loaded in a manner that increases the risk of
cross-contamination.
A person who operates a motor vehicle described in this subsection commits an infraction.
(C) If, during the course of an inspection a law enforcement officer determines that the
motor vehicle is not in compliance with applicable rules and regulations adopted by
the state department of health concerning the transportation of food, the law
enforcement officer:
a. may contact a health inspector to inspect the motor vehicle; and
b. may detain the motor vehicle and its operator for purposes of the inspection.
(D) If a health inspector is present to inspect a motor vehicle and finds a violation, the
health inspector may order either or both of the following:
a. Disposal of part or all of the food.
b. Impoundment of the vehicle.
(E) The penalty under this subsection is in addition to any penalties, or rules or
regulations adopted by the state department of health. This subsection applies if a
health inspector, after inspection of a motor vehicle under subsection (d), finds a
violation. A person who operates a motor vehicle described in this subsection
commits an infraction.
(F) A person, who recklessly, knowingly, or intentionally transports food that a health
inspector ordered to be disposed, other than for the purpose of disposal, commits a
misdemeanor.
(G) A person, who operated a motor vehicle impounded, may not obtain possession of
the motor vehicle until the person complies with the requirements of this chapter,
including paying any costs associated with the disposal of food.
Immunity from civil liability
The following are not liable in a civil action for any official act done or omitted in connection
with the performance of duties under this chapter:
(1) An agent or employee of the department
(2) An agent or employee of the
(3) An agent or employee of the
(4) An agent or employee of the
(5) Any other individual charged with enforcing:
a. this article; or
b. rules or regulations adopted by the state department of health concerning
the transportation of food.
Attachments
USDA / Safe and Secure Transportation of Food Brochure
Inspection Recording Form