Regulation and Inspection of CMVs Used for the Transportation of Meat, Poultry, Seafood, Produce and Dairy Products

ISP CVED requests guidance on how best to address the increasing problem of unscrupulous food haulers. Indiana has seen a dramatic increase in tainted food (primarily ethnic foods) being transported via CMV's--the problem is, though not exclusively a refrigeration issue. Meat, poultry, seafood, produce and dairy products being transported without refrigeration in the heat of the summer is creating an extreme safety hazard to the public. The ISP CVED is spending an ever increasing amount of time on this problem. National and local news have picked up on the story and see this as a problem with the bureaucratic nature of government regulatory agencies. ISP has no specific authority on the food products but we have a "temporary-fix" where the State board of health or County Health dept., will come out to the scene where we are inspecting a hot truck and condemn the load. We have exhausted their patience, budgets and personnel. 2011 is the worst year on record for this problem and it shows no signs of letting up.

The justification for this request is that if the CVSA throws their support behind this issue we will have a much greater opportunity to succeed in getting something done. If we could support adding something in the enforceable codes for FMCSR's regarding refrigeration of perishables it would enable the roadside inspector to take action on a serious health risk to the public. The only way an inspector can address the food that is not refrigerated properly right now is load securement. We need a standard in place that will alleviate having to coordinate and rely on other agencies to take enforcement action. If the refrigeration unit is inoperable, nonexistent or has been intentionally turned off to save fuel, having a violation to record this would help. The great number of loads being ordered disposed of emphasizes the importance of a more thorough enforcement effort and underscores the need for authority roadside. The alternative now if we cannot get a board of health agent to the scene, at least in Indiana is to knowingly let tainted food go down the road for delivery. This cannot continue. If Indiana has this problem, I surmise that every state does also.

If we could support some proposed rulemaking for inoperable, or not operating/refrigeration units when perishables are on board—I think that would be the easiest, quickest way to address the problem from law enforcement side. (I know this would require FMCSA to adopt regulatory policy if using the CMV enforcement aspect). Explaining to the public that our hands are tied when we find the spoiled food destined for restaurants is not going to be tolerated for long around here I’m certain. My belief is that other localities will pick up this issue very quickly and be faced with the same problems and hurdles we have in Indiana. We have a temporary work-a-round, not a solution in Indiana.The other options may be along the lines of another “specialty” certification or skill identifier that authorizes Inspectors to take action on loads of spoiled food meant for human consumption…right now we have, in our state 92 counties some only have one health inspector and after calling them out the first few times their budgets and patience are fully expended.I know that the transportation of refrigerated food crosses federal and state authority. It is my opinion that the commercial vehicle aspect of the process lends itself to focusing on the CMV enforcement authority avenue for proper remedy roadside and this would be the most expedient method to address the problem. I respectfully request the Program Initiatives Committee take a serious look at the issue and suggest the best way to proceed in addressing it so that it is enforceable roadside as it is often too late once the tainted food product is delivered.