[Code of Federal Regulations]

[Title 21, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 21CFR1.352]



[Page 41-42]

 

                        TITLE 21--FOOD AND DRUGS

 

CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 1_GENERAL ENFORCEMENT REGULATIONS--Table of Contents

 

    Subpart J_Establishment, Maintenance, and Availability of Records

 

Sec.  1.352  What information must transporters establish and maintain?



    If you are a transporter, you must establish and maintain the 

following records for each food you transport in the United States. You 

may fulfill this requirement by either:

    (a) Establishing and maintaining the following records:

    (1) Names of the transporter's immediate previous source and 

transporter's immediate subsequent recipient;

    (2) Origin and destination points;

    (3) Date shipment received and date released;

    (4) Number of packages;

    (5) Description of freight;

    (6) Route of movement during the time you transported the food; and

    (7) Transfer point(s) through which shipment moved; or

    (b) Establishing and maintaining records containing the following 

information currently required by the Department of Transportation's 

Federal Motor Carrier Safety Administration (of roadway interstate 

transporters (49 CFR 373.101 and 373.103) as of December 9, 2004:

    (1) Names of consignor and consignee;

    (2) Origin and destination points;

    (3) Date of shipment;

    (4) Number of packages;

    (5) Description of freight;

    (6) Route of movement and name of each carrier participating in the 

transportation; and

    (7) Transfer points through which shipment moved; or

    (c) Establishing and maintaining records containing the following 

information currently required by the Department of Transportation's 

Surface Transportation Board of rail and water interstate transporters 

(49 CFR 1035.1 and 1035.2) as of December 9, 2004:

    (1) Date received;

    (2) Received from;

    (3) Consigned to;

    (4) Destination;

    (5) State of;

    (6) County of;

    (7) Route;

    (8) Delivering carrier;

    (9) Car initial;

    (10) Car no;



[[Page 42]]



    (11) Trailer initials/number;

    (12) Container initials/number;

    (13) No. packages; and

    (14) Description of articles; or

    (d) Establishing and maintaining records containing the following 

information currently required by the Warsaw Convention of international 

air transporters on air waybills:

    (1) Shipper's name and address;

    (2) Consignee's name and address;

    (3) Customs reference/status;

    (4) Airport of departure and destination;

    (5) First carrier; and

    (6) Description of goods; or

    (e) Entering into an agreement with the nontransporter immediate 

previous source located in the United States and/or the nontransporter 

immediate subsequent recipient located in the United States to 

establish, maintain, or establish and maintain, the information in Sec.  

1.352(a), (b), (c), or (d). The agreement must contain the following 

elements:

    (1) Effective date;

    (2) Printed names and signatures of authorized officials;

    (3) Description of the records to be established and/or maintained;

    (4) Provision for the records to be maintained in compliance with 

Sec.  1.360, if the agreement provides for maintenance of records;

    (5) Provision for the records to be available to FDA as required by 

Sec.  1.361, if the agreement provides for maintenance of records;

    (6) Acknowledgement that the nontransporter assumes legal 

responsibility under Sec.  1.363 for establishing and/or maintaining the 

records as required by this subpart; and

    (7) Provision that if the agreement is terminated in writing by 

either party, responsibility for compliance with the applicable 

establishment, maintenance, and access provisions of this subpart 

reverts to the transporter as of the date of termination.



                          General Requirements