Who must comply with food safety rules?

- The STHAF rule affects the transport of food in the United States by motor or rail vehicle.
- Certain types of shippers, receivers, and carriers are exempt from the STHAF rule.
The Sanitary Transportation of Human and Animal Food (STHAF) rule applies to food transported within the United States by motor or rail vehicle, whether or not the food is offered for or enters interstate commerce. Shippers, loaders, carriers, and receivers engaged in transportation operations of food imported by motor or rail vehicle and consumed or distributed in the United States are also subject to the rule.
Shippers are ultimately responsible under the STHAF rule, but in contracts, shippers can delegate much of the responsibility for training, reporting, temperature control, etc. to the carrier and driver.
There are several exemptions. The most inclusive one: Food in a closed container that doesn’t require temperature control for safety (not quality) is exempt under this rule.
That said, if an entity or driver is not covered under one of the following exemptions, that entity, driver, and the shipper are required to comply with the STHAF rule.
The following are exempt from the rule:
- Shippers, receivers, or carriers engaged in food transportation operations that have less than $500,000 in average annual revenue;
- Transportation activities performed by a farm;
- Transportation of food that is transshipped through the United States to another country;
- Transportation of food that is imported for future export and that is neither consumed nor distributed in the United States;
- Transportation of compressed food gases (e.g., carbon dioxide, nitrogen, or oxygen authorized for use in food and beverage products) and food contact substances;
- Transportation of human food byproducts transported for use as animal food without further processing;
- Transportation of food that is completely enclosed by a container except a food that requires temperature control for safety; and
- Transportation of live food animals, except molluscan shellfish.
If the driver is involved in the delivery of certain products that qualify under the STHAF rule, that driver and anyone else taking part in transportation of the qualified products must receive training and report any condition that could make the product unsafe. (Food quality such as appearance or texture is not covered under this rule unless the product is unsafe for consumption).The U.S. Food and Drug Administration (FDA) will grant waivers for any of the requirements, provided that the waiver will not lead to transportation of food in an unsafe manner and the waiver is not contrary to the public interest. The regulations detail the process of applying for a waiver.