Trailers Delivering Food Grade Materials. Padlocked or Sealed?

Does the FDA allow for trailers delivering food grade ingredients to be padlocked?  Or is a seal required?

Enan E. Stillman
Corporate and M&A attorney
Graham & Penman LLP

Currently, the FDA regulations are silent regarding vehicle requirements for the transportation of food grade ingredients. FDA regulations, found in Title 21 of the Code of Federal Regulations, instead focus on the security and quality of the food containers themselves (i.e. the bottles and cans). However, a growing concern over the threat of food terrorism means that we may see new regulations in the near future. For example, the FDA has proposed a new regulation, the FSMA Proposed Rule on Sanitary Transportation of Human and Animal Food, which will specifically regulate vehicles and transportation equipment. This proposed regulation does not require a particular method of securing such vehicles, but instead focuses on their sanitary maintenance and storage. 

Note that while FDA regulations remain silent, certain specific food industries have their own regulations. For example: the NCIMS Grade "A" Milk Safety Program requires milk trucks to be sealed.