As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers of temperature-controlled product must be mindful that minimizing liability will require more than adherence to the language of the proposed rule in a vacuum.

In February’s edition of Setting the Table, temperature requirements to shippers puts carriers in a position to face unprecedented liability for freight claims. Here, we explore a gap in the proposed rule’s framework which goes further, exposing carriers to risk even if they do everything the proposed rule asks.