Frequently Asked Questions about the

Uniform Food Safety Transportation Protocol

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Updated December 8, 2016     For a copy of the FAQs in PDF format, click here.

 

What is FSMA and why is it important?
What is the Uniform Food Safety Transportation Protocol (UFSTP)?
What is the purpose of the UFSTP?
How was the UFSTP developed?
Why are FSMA and the UFSTP important for carriers of all sizes?
How will carriers benefit from participation in the UFSTP?
How will UFSTP benefit shippers, brokers and warehousing firms?
Can the UFSTP be modified or changed?
How will participation in this Protocol work?

What are the costs?
How can I find out further information about the Protocol?

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What is FSMA and why is it important?

Final rules adopted by the Food and Drug Administration (FDA) as required by the Food Safety Modernization Act (FSMA) will require shippers, receivers and brokers to take certain steps to ensure the sanitary transportation of human and animal food. The FSMA rules include transportation and allow for the delegation of specific duties to carriers governed by the rule.

 

What is the Uniform Food Safety Transportation Protocol (UFSTP)?

The UFSTP, like the uniform bill of lading or Standard Truckload Bill of Lading, is a statement of terms and conditions that can be adopted into shipper, consignor, broker and warehousing contracts with motor carriers. The UFSTP establishes the minimum industry standards and delegable responsibilities that carriers subject to FSMA can be expected to meet.

 

What is the purpose of the UFSTP?

The Protocol tracks the expressed duties shippers, brokers, and consignors can delegate to carriers under FSMA. To avoid controversy and allow augmentation by special agreement, the Protocol sets forth the minimum responsibilities carriers transporting FSMA shipments can be expected to accept.

 

By not dictating motor carrier obligations, FDA expressly left it to the industry to establish best practices. The UFSTP establishes a useful and uniform standard that can be used in the spot market to facilitate the movement of freight without the delay and confusion that could result if FSMA terms had to be negotiated on a load-by-load basis.

 

The Protocol is analogous to the Uniform Intermodal Interchange & Facilities Access Agreement (UIIA), which, through a similar contracting protocol, establishes the credentials, contracting terms and insurance requirements of thousands of signatory drayage carriers.

 

How was the UFSTP developed?

The UFSTP is the result of a collaborative effort involving carriers, shippers, brokers, warehousing firms and insurers. It is intended to reflect custom and practice in the industry while meeting each of the delegable requirements set forth in FSMA.

 

Why are FSMA and the UFSTP important for carriers of all sizes?

Under the FDA rule, ultimately all shippers and brokers that represent them will need to require contractually that larger carriers adopt practices to ensure food is fit for consumption. As a practical matter, however, carriers large and small will need to comply with FSMA requirements to remain competitive for freight covered by the rule.

 

 How will carriers benefit from participation in the UFSTP?

• Uniform standards for FSMA compliance upon which all can agree

• Simplified spot-market selection of carriers through website verification that a carrier agrees to the Protocol; and is properly licensed, authorized and insured

• Equal access for small carriers to shipments involving perishable foodstuffs covered by FSMA by establishing their familiarity and compliance with best food sanitation practices

 

How will UFSTP benefit shippers, brokers and warehousing firms?

• Access to an up-to-date list of subscribing carriers and their insurance information will enhance customers’ ability to identify and vet carriers.

• Codification of practical standards of care consistent with custom and practice in the industry – much like the UIIA in intermodal transportation

 

Can the UFSTP be modified or changed?

Yes. When incorporated as a minimum standard by reference in the shipping contract or load confirmation sheet, the parties can agree to additional shipment specifics, such as additional recordkeeping, trailer wash-out, precooling and other requirements.

 

How will participation in this Protocol work?

Licensed, authorized, and insured motor carriers specializing in the transportation of food subject to FSMA standards may use the Protocol, subject to meeting the requirements and paying an annual fee. Compliance support firm TransComply will maintain and verify a list of subscribing carriers to be published on the UFSTP website along with the carrier’s contact information and current insurance information as confirmed by the carrier’s insurance broker or underwriter.

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What are the costs?

Motor carriers that meet the requirements for participation in the Protocol must pay an annual subscription fee of $100 to be listed on the UFSTP website as a carrier compliant with the Protocol. The listing of subscribing carriers is public and free to shippers, brokers, warehousing firms, consignors and any other stakeholder in the supply chain governed by FSMA.

 

How can I find out further information about the Protocol?

Contact us at info@ufstp.com or go to www.ufstp.com.

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