On March 4, 2010, the FDA announced a recall of certain hydrolyzed vegetable protein (HVP) powder manufactured by a food company based in Las Vegas, Nevada. The FDA apparently became aware of the adulterated HVP when a downstream customer of the manufacturer found Salmonella Tennessee in one production lot and reported it on the new FDA Reportable Food Registry.

This appears to be the first substantial instance of a recall being initiated due to a downstream customer's reporting of an adulterated food item on the Reportable Food Registry.

The Reportable Food Registry, which became active on September 8, 2009, was implemented under the Food and Drug Administration Amendments Act of 2007 (FDAA) for the purpose of tracking adulterated food articles. Under the requirements of the FDAA, a food facility registered with the FDA must submit a report on the registry when it learns of a reportable food article. A reportable food article is defined as "any article of food (other than infant formula) for which there is a reasonable probability that the use of, or exposure to, such article of food will cause serious adverse health consequences or death to humans or animals."

Food facilities must report a food article that meets this definition within 24 hours or face potential felony charges. The FDA may require food facilities to notify both their upstream and downstream suppliers/customers of the reportable food article.

For more information, please see our recent presentation and article on this subject. These materials address registry requirements—including what facilities are covered, what constitutes a reportable food, what triggers the 24 hour reporting period, who must be notified, and what exemptions exist—along with practical tips for compliance.