The bulk of the responsibilities on the sanitary transportation rule is on the carriers and the shippers. I think the first thing is to understand who you are under FSMA's rule. Sounds like perhaps both the shipper and the loader.
As the loader, you (as others have pointed out) are responsible for ensuring that the vehicle is clean, not-smelly, etc. and to document those inspections. You also own any specific items like verifying trailer temps, etc. that might apply based upon your HACCP analysis. Someone else handles the shipper function for us, so I am not very familiar with that part of the rule, but you can refer to the info below for more details on that responsibility.
If I were the shipper, then personally, I look at this a little differently and would want the broker to provide assurance that their carriers and drivers will be in compliance with FSMA regulations. It's a liability concern to me if you are coordinating your own loads. These carriers are all supposed to have had their drivers trained and be following certain rules (and we know how likely that is to have occurred).
For the loader responsibilities, our driver check in sheet requires the driver to:
- Documenting what temp the trailer is set to:
- Certify that their trailer is "Clean, Sanitary and Odor Free"
- Provide their signature agreeing to the following statement:
- FSMA Regulations: By signing below, you are signifying that you are in complete accordance with all applicable food safety carrier regulations surrounding the most current version of FDA’s FSMA Sanitary Transportation of Human and Animal Food rule.
- Provide their signature agreeing to the following statement:
- "By signing below, you are agreeing to abide by Company's Food Safety & Food Defense Procedural Agreement which is posted for your convenience on the wall of the shipping office. You further acknowledge that your access to our facility is restricted to X and Y locations."
We require our loaders to check the temps, the trailer conditions, and verify any other pick ups/existing loads and that is documented (of course).
Here's some info that might help:
The Transportation rule itself can be found here:
https://www.fda.gov/...and-animal-food
Here's a fact sheet that might be helpful:
https://www.fda.gov/.../97317/download
Carrier Training (that helps you understand what they are supposed to do): https://www.fda.gov/...nimal-food-rule
The Regs: https://www.ecfr.gov....1.1.o&rgn=div6
The FSMA specific loader language is below.
( c ) Requirements applicable to loaders engaged in transportation operations. (1) Before loading food not completely enclosed by a container onto a vehicle or into transportation equipment the loader must determine, considering, as appropriate, specifications provided by the shipper in accordance with paragraph (b)(1) of this section, that the vehicle or transportation equipment is in appropriate sanitary condition for the transport of the food, e.g., it is in adequate physical condition, and free of visible evidence of pest infestation and previous cargo that could cause the food to become unsafe during transportation. This may be accomplished by any appropriate means.
( 2 ) Before loading food that requires temperature control for safety, the loader must verify, considering, as appropriate, specifications provided by the shipper in accordance with paragraph (b)(2) of this section, that each mechanically refrigerated cold storage compartment or container is adequately prepared for the transportation of such food, including that it has been properly pre-cooled, if necessary, and meets other sanitary conditions for food transportation.
A lot of info, but perhaps some of it will be of help.
Good luck,
Todd