“Yes, FDA has waived the requirements of the Sanitary Transportation rule for three classes of businesses (see Section VIII for additional information about waivers):
- Businesses holding valid permits that are inspected under the National Conference on Interstate Milk Shipments’ Grade “A” Milk Safety Program, only when transporting bulk and finished Grade “A” milk and milk products.
- Businesses authorized by the regulatory authority to operate a food establishment (e.g., restaurants, grocery stores) when engaged in transportation as receivers, or as shippers and carriers in operations in which food is delivered directly to consumers, or to other locations the establishments or affiliates operate that serve or sell food directly to consumers. (This waiver applies to establishments that provide food for human consumption such as restaurants, supermarkets and home grocery delivery services. Establishments that only sell animal food are not included under this waiver. For additional information refer to the “Clarification on Food Establishment Waiver from Requirements of the Sanitary Transportation of Human and Animal Food Rule” guidance.
- Businesses that are certified and inspected under the requirements established by the Interstate Shellfish Sanitation Conference’s (ISSC) National Shellfish Sanitation Program (NSSP) when transporting shellfish (such as oysters, clams, mussels or scallops) in vehicles permitted under ISSC authority.”
