Generally, the requirements of the Sanitary Transportation rule apply to shippers, receivers, loaders, and carriers engaged in transportation operations whether or not the food is being offered for or enters interstate commerce. (21 CFR 1.900(a))
A. Definitions
The Sanitary Transportation rule uses a number of terms in very specific ways. A full list of these terms appears in this guide in section IX. The terms defined here and in the section “Who is exempt from the requirements of the Sanitary Transportation rule?” will help you determine if your business is subject to the rule. (21 CFR 1.904)
Table 1–Key Terms Used in Part 1, Subpart O
Term Definition
• Carrier : A person who physically moves food by rail or motor vehicle in commerce within the United States. The term carrier does not include any person who transports food while operating as a parcel delivery service.
• Loader : A person that loads food onto a motor or rail vehicle during transportation operations.
• Non-covered business : A shipper, loader, receiver, or carrier engaged in transportation operations that has less than $500,000, as adjusted for inflation, in average annual revenues, calculated on a rolling basis, during the 3-year period preceding the applicable calendar year. The baseline year for calculating the adjustment for inflation is 2011.
• Receiver: Any person who receives food at a point in the United States after transportation, whether or not that person represents the final point of receipt for the food.
• Shipper: A person, e.g., the manufacturer or a freight broker, who arranges for the transportation of food in the United States by a carrier or multiple carriers sequentially.
• Small business: A business that is not a motor vehicle carrier and that employs fewer than 500 full-time equivalent employees, or
A motor vehicle carrier that is not a shipper or receiver that has less than $27,500,000 in annual receipts.
• Transportation: Any movement of food in by motor vehicle or rail vehicle in commerce within the United States.
