🇺🇸United States

Civil money penalties and license actions for recordkeeping and traceability failures

5 verified sources

Definition

Wholesale and farm operations handling raw agricultural commodities are repeatedly cited and fined when they cannot produce required USDA/FDA records (e.g., FSMA Produce Safety Rule, FSMA Traceability Rule, USDA GAP / FSIS documentation) during inspections. These violations often trigger civil money penalties, product seizures, and, in USDA‐regulated programs, suspension or withdrawal of inspection services, which effectively shuts down commerce until issues are corrected.

Key Findings

  • Financial Impact: $50,000–$500,000 per incident in fines, legal fees, and business interruption for mid‑size operations (recurring risk annually for any firm with weak documentation).
  • Frequency: Monthly to annually across the industry (violations are logged each year in FDA Warning Letters and USDA enforcement reports and recur at the same firms when systems are manual or fragmented).
  • Root Cause: Reliance on paper logs and fragmented spreadsheets; failure to maintain required Key Data Elements for Critical Tracking Events under the FSMA traceability rule; inadequate training in 21 CFR Part 112 Subpart O record requirements; and poor document retention or retrieval so that records cannot be produced within the required time window (often 24 hours) during FDA/USDA inspections.

Why This Matters

This pain point represents a significant opportunity for B2B solutions targeting Wholesale Raw Farm Products.

Affected Stakeholders

Food safety/compliance manager, Operations manager at produce/commodity wholesalers, Quality assurance manager, Warehouse manager, Farm owner/manager supplying wholesale channels, Regulatory/legal affairs

Deep Analysis (Premium)

Financial Impact

$100,000-$350,000 per incident (feed recall, regulatory fines on buyer if ingredient source found non-compliant, loss of feed mill customer account, legal liability) • $100,000-$350,000 per incident (feedlot shutdown due to feed safety violation, loss of processor customer, recall costs if contaminated meat enters commerce, regulatory fines, legal liability) • $100,000–$300,000 per incident (shipment rejection, loss of export license, legal penalties, customer breach fees); repeated quarterly risk

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Current Workarounds

AP staff manually cross‑reference invoice numbers with PDFs in email, paper shipping packets, and siloed QA folders, then build ad hoc spreadsheets to link invoice lines to lots, certificates, and inspection reports; they email or call logistics, QA, and export trading partners to track down missing records when auditors or regulators ask. • Audit worksheets (paper or PDF), Email summaries, Manual compilation of batch records into audit reports, Phone calls to production teams to reconstruct data • Commodity broker maintains separate spreadsheet by customer (processor); phone calls to suppliers asking for retroactive documentation; pieced-together harvest certificates and invoices stored in shared email folder or Dropbox; manual cross-referencing of lot numbers

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

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