Page 8 - Beverage Master June-July 2018
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Craft Beverage

               D.  Be accountable. The Act allows the FDA to        the issue. In any event, this could be a costly and
                  detain food if there is evidence that the food    time-consuming event for the small craft brewing
                  poses a risk of severe illness or death to the    company.
                  US public. If the food is from an unregistered
                  facility or imported into the US without prior                      CONCLUSION
                  notice, that food is subject to detention or can
                  be blocked from entry into the US.                  The lesson is simple: test, register, create records,
                                                                    maintain records, and, so long as you are not serv-
                   THE IMPORTANCE OF REGISTRATION                   ing a contaminated brew to the US public, you,
                                                                    your craft beverage and the consumer are safe.
                 This part of the Act at D above highlights the
               importance of facility registration mentioned in “A”    Dan has lectured to the World Trade Association,
               above. If the chain of custody of the product shows  has taught law for UCLA, Santa Clara University
               that it moved through an unregistered facility in    Law School and their MBA program, and has lec-
               the US, the product can be seized and held block-    tured to the NPMA at Stanford University. Dan has
               ing entry into the US. A simple facility registration   lectured to various National and regional attorney
               could avoid this costly result.                      associations about Government contract and inter-
                                                                    national law matters. Dan has provided input to the
                 If a seizure happens, the product is held tempo-   US Government regarding the structure of regula-
               rarily by the US Government until the manufactur-    tions. He has been interviewed by reporters for the
               er can prove no violation of the Act, or any other   Washington Post and other newspapers.
               applicable regulation, and then once the product is
               deemed safe, it is released.                           
                 If the product is not deemed safe, then the man-
               ufacturer can set in motion a process to adjudicate

                 Dan Minutillo


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                   Over 35 Years of Worldwide Serevice

                               Regulatory Law

                         Government Contract Law
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               6   June - July  2018    BEVERAGE MASTER

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