FALL 2014
TRANSPORTATIONNEWSLETTER
Cover ing legal and other developments affecting those in the transpor tation industry
INSIDE THIS ISSUE NY Judge Takes a Bite Out of the Graves Amendment . . . . . . . . . . . . . . . . . Team Updates
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THE PROPOSED REGULATIONS ON SANITARY TRANSPORTATION OF FOOD: FOOD TRUCK WARS?
Why does my Dry Van Driver Need a Tank Endorsement? . . . . . . . . . . . . . . . 06 Third Circuit Rejects Attempt to Convert Carmack Preemption . . . . . . . . .
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Trucking Company’s Termination of Alcoholic Driver Not a Violation of the Americans with Disabilities Act . . . . . . . . . . . . . . . 07
The Transportation Newsletter is available online!
To view the complete online version of the Transportation Newsletter, visit http://www.smithmoorelaw. com/TNLFall2014.
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n February 5, 2014 the Food and Drug Administration issued its new proposed regulations for the sanitary transportation of food. These regulations would be incorporated into the 21 CFR at §1.9 et seq. The regulations begin by defining the parties to transportation of food products in a manner substantially different than transportation terms. For example, “carrier” is defined as a person who “owns, leases, or is otherwise ultimately responsible for the use of a motor vehicle… to transport food.” (Proposed §1.904). This definition abandons the well-accepted definitions of carrier in other parts of the transportation law.
Additionally, “shipper” is defined as a “person who initiates the shipment of food by motor vehicle … “ (Proposed §1.904). This also abandons the well-accepted definition of shipper and leaves open whether the regulations are intended to address brokers as shippers. Finally, a “receiver” is any person who “receives food after transportation.” (Proposed §1.904) Thus, we have abandoned well-accepted definitions of consignees. So what do the new regulations require of these vaguely defined parties? continued on page 2 >>