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#1 Myusername

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Posted 01 April 2015 - 03:55 PM

all of our American customers ask for this letter of continuing guarantee, either their version or ours which is the same. it always references section 404 and 505 which to my understanding 404 applies to food contact packaging being acceptable for food contact and 505 is about product adulteration and correct labeling

 

Any input guys, im just trying to better understand this stuff? the 750 page American legal jargon document made no sense to me?

 



#2 Pizza&Sandwich

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Posted 01 April 2015 - 05:11 PM

Basically they want a letter that says the product you're selling them is produced within the applicable regulations (FDA, USDA, CFIA, etc.).

To be honest, it's a piece of paper to show that you recognize the regulations but it won't float when it comes to being sued.

 



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#3 Myusername

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Posted 01 April 2015 - 07:18 PM

soooooo, redundant paper work is what your saying?



#4 xylough

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Posted 01 April 2015 - 07:31 PM

It is a convention that was codified years ago, but provides little practical contribution. Basically it should convey that t the best of your knowledge, what you supply is not adulterated within the meaning of the code. Somehow the practice evolved from packaging to include food as well. If one were to actually read the code, it specifies that the company officer extending the guarantee reside in the United States (have a US address). Outside the country it has even less meaning. We continue to ask and be extended this guarantee as a futile but expected gesture. What really ought to be extended are policy statements, commitment statements and actual document copies that prove out your current food safety plans and certifications e.g, your HACCP plan summary with critical control points, your allergen control plan, your GMP audit summary and score, specifications, nutrition data sheets, organic certifications, COA, etc. In any case it's cheap and easy to comply with a Letter of Guarantee or Continuing Letter of Guarantee; if you're going to bother it should be on company letterhead with address, have a date and be signed by a company officer in the legal sense.



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#5 xylough

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Posted 01 April 2015 - 07:43 PM

Attached are two sample documents that may serve as examples.

Attached Files



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#6 Myusername

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Posted 01 April 2015 - 09:21 PM

Thanks guys,  the boss was freaking about the legalities implied with this statement and all the lawsuits we were gonna face (I didn't think we were doing things that badly? shows his faith in ourselves I guess lol )... I really didn't think it meant a lot other than a complicated way of saying "we do what we are supposed to" 



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#7 Satya Vavilapalli

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Posted 02 April 2015 - 06:54 AM

in aspect of section 404,

 

 

according to me, letter issues the guarantees result from matching the composition and quality of the packaging materials used in the packaging to the food chemistry and use environment of the packaged products. Packaging material suppliers always must be ready to address both procedural and material changes in their operations. Both food processor and packaging material supplier must work hard together to produce such letter of continuing guarantee.

 

i do not consider this as redundant paper work.

 

 

 

Regards

 

Satya


Regards

 

Satya


#8 Charles.C

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Posted 02 April 2015 - 07:02 AM

Thanks guys,  the boss was freaking about the legalities implied with this statement and all the lawsuits we were gonna face (I didn't think we were doing things that badly? shows his faith in ourselves I guess lol )... I really didn't think it meant a lot other than a complicated way of saying "we do what we are supposed to" 

 

If you fancy impressing yr boss with yr research diligence -

 

http://www.ifsqn.com...ers/#entry67048

 

http://www.ifsqn.com...arantee-urgent/


Kind Regards,

 

Charles.C


#9 fred.fsne

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Posted 15 April 2015 - 03:19 PM

Guys,

Regarding the Letter of Continuing Guarantee for US Food Companies, this requirement was written into law by the US Congress in the 1930's, and is a specific requirement for all foods in US interstate commerce.  It is also a specific line item requirement for all plants under USDA inspection (Meat, Poultry) that they maintain available to the USDA inspector the complete file of these letters from all of their ingredient and food-contact packaging vendors.  These inspectors will regularly review the file to assure that materials within the facility are covered.  The letter essentially states that the vendor is fully aware of the regulatory requirements that are in place to offer their goods into interstate commerce in the USA. 
So, aside from the fact that it is a largely redundant document of little practical value, it is, none-the-less, essential if you intend to do business with the US food industry.

Hope this helps put the item in perspective. 

 

Fred Jewett, MS CFS

Food Science New England



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#10 shulmanproduce

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Posted 23 November 2015 - 07:16 PM

I am selling bulk potatoes to a customer in NJ (we are on Long Island), and we are not growers, but in this case brokers. THey requested a letter of guaranty. So what am I guaranteeing? that they were grown under good agricultural practices? No one out here is HAACP or GAP certified. thank you. any suggestions for the wording of the letter? 



#11 rpratama

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Posted 28 September 2016 - 07:31 PM

Is this letter of continuing guarantee valid for 3 years long?



#12 Dory1

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Posted 28 September 2016 - 10:21 PM

along this same topic, we asked a possible new supplier to get us the LOG and they told us they do not provide them. I know we are required to have them for approval, so other than not using them, I'm not sure how go communicate the need. They are an organic pecan grower and these folks don't grow on trees :) so I would like to be able to use. They are in the process of completing their 3rd party audit. Any suggestions?



#13 redfox

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Posted 29 September 2016 - 09:41 AM

Hello Dory,

 

If your suppliers are hesitant to give you the LOG, try to make a template which are applicable to all your suppliers. Sometime suppliers are lack of time composing the LOG, hesitant because they don't really understand the buyer's need of that LOG. Send them the document which only needs their signature and they will not refuse to sign it. Give you a sample of out LOG.

 

Attached File  3.5.2.1 Suppliers Guarranty.edited_IFSQN.docx   13.19KB   240 downloads

 

Hope it could help.

 

regards,

redfox



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#14 Chippy

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Posted 23 November 2016 - 10:42 PM

Our food brokers don't send us LOGs for themselves, they send us the LOGs for the product companies that they provide us products from. In most cases I have better luck contacting the product companies myself.



#15 assila91

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Posted 17 July 2017 - 06:09 PM

Adding on to this thread, any advice on how long a typical letter of guarantee is valid for? 

 

Our company requests our suppliers to update on an annual basis but many question to why on such frequent basis. 



#16 AudreyB

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Posted 17 July 2017 - 07:53 PM

Adding on to this thread, any advice on how long a typical letter of guarantee is valid for? 

 

Our company requests our suppliers to update on an annual basis but many question to why on such frequent basis. 

 

It really depends on your food safety system in place, more specifically how you are qualifying your suppliers. We have some customers ask us on a yearly basis, while others seem to have longer basis. We request this document yearly to ensure suppliers are remaining vigilant and compliant with all applicable regulations. 



#17 usfresh

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Posted 12 March 2018 - 04:36 PM

Thanks for this information. In our company, we have designed our food safety system to update yearly every document required from our suppliers, including the Letter of Guarantee. We are in the produce industry and request a Letter of Guarantee from all our product suppliers and packaging material suppliers.



#18 sangle

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Posted 16 August 2018 - 09:24 PM

Loads of great information in this thread.  I have just been delegated the responsibility to update our Approved Supplier List and all the paperwork that comes with it.  We are a manufacturer of composite cans for packaging.  All the material that is in direct contact with food we have no problem getting proof of food safe.  But ... our secondary suppliers ie. boxes, dividers it is like pulling teeth with rusty pliers.  

We just received our FSCC 22000 and ISO 9001 certification in May and the auditor accepted our solution to this problem.  I did some leg work to see if any of the companies had recalls.  I also researched whether our customers had any recalls due to our packaging.  Then I produced a document stating my findings and based on the risk assessment, no evidence of recalls and no complaints from customers this company determined the risk to food safety very unlikely.

That doesn't mean I have backed off of requesting these secondary suppliers to adopt a HACCP program.



#19 Scampi

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Posted 17 August 2018 - 01:24 PM

is the auditor telling you those secondary suppliers need to comply?  I think you'll find nothing but resistance from those vendors

 

Some of them will run ISO 9001 and 14001 but I have yet to find a HACCP plant for non food contact materials


Because we always have is never an appropriate response!


#20 salad man

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Posted 18 August 2018 - 02:35 PM

A letter of Guarantee, at times, will cite certain regulation, i.e. 21 CFR 7.12 Guaranty. or guard of CAP , or section C

with a narrative

That no food be stored in a manner that makes I

 

A letter of Guarantee, typically sites portions of the Federal Food, Drug and Cosmetic act. i.e. 21 CFR 7.12 Guarantee, 21 CFR  13, forms of guarantee and 402 that product was not made in an unsafe area, store in a adulterated area and or shipped in an adulterate truck.  Some were making one up yearly and some try to tell auditors it is good for 3years. 

Hope that helps

 

salad man

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 sunsafe, or transport the product on a truck






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