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Food Contract Manufacturing Agreement
"I need a Food Contract Manufacturing Agreement for my protein bar company to engage a manufacturer in California for producing our new line of organic protein bars, with specific requirements for allergen control and organic certification compliance, starting production in March 2025."
1. Parties: Identification of manufacturer and client, including legal entities
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement including regulatory references to FSMA, FDCA, and cGMP
4. Services: Detailed description of manufacturing services to be provided, including compliance with FDA regulations
5. Quality Requirements: Standards, specifications, quality control procedures, and compliance with HACCP requirements
6. Regulatory Compliance: Obligations regarding FDA regulations, food safety standards, and applicable state laws
7. Facilities and Equipment: Requirements for manufacturing facilities, equipment maintenance, and compliance with cGMP
8. Pricing and Payment Terms: Cost structure, payment schedule, and related terms
9. Term and Termination: Duration of agreement and termination conditions
10. Warranties and Representations: Guarantees regarding compliance, quality, and manufacturing capabilities
11. Insurance and Liability: Required insurance coverage and allocation of liability
1. Exclusivity: Terms regarding exclusive manufacturing rights and territorial restrictions
2. Minimum Purchase Requirements: Minimum order quantities and related commitments
3. Equipment Ownership: Provisions for specialized equipment ownership, maintenance, and use
4. Intellectual Property Rights: Protection of recipes, formulations, and manufacturing processes
5. Environmental Compliance: Specific environmental requirements and waste management procedures
1. Schedule A - Product Specifications: Detailed technical specifications for products and ingredients
2. Schedule B - Quality Control Procedures: Specific testing, sampling, and quality control requirements
3. Schedule C - Pricing Schedule: Detailed pricing structure and volume-based pricing arrangements
4. Schedule D - Manufacturing Process Documentation: Step-by-step manufacturing procedures and controls
5. Schedule E - Compliance Certificates: Required certifications, permits, and compliance documentation
6. Schedule F - HACCP Plan: Hazard Analysis and Critical Control Points plan specific to the products
Authors
Applicable Laws
Batch
Confidential Information
Current Good Manufacturing Practices (cGMP)
Deliverables
Effective Date
FDA
Finished Products
Food Safety Standards
Force Majeure
HACCP Plan
Intellectual Property Rights
Manufacturing Process
Manufacturing Services
Manufacturing Site
Master Batch Record
Materials
Non-Conforming Product
Product Specifications
Purchase Order
Quality Agreement
Quality Control Procedures
Quality Standards
Raw Materials
Recall
Regulatory Authorities
Regulatory Requirements
Services
Specifications
Term
Territory
Third Party
Unit Price
Work Order
Quality Control
Manufacturing Standards
Regulatory Compliance
Product Specifications
Supply of Materials
Pricing and Payment
Purchase Orders
Delivery Terms
Quality Assurance
Product Testing
Inspection Rights
Recall Procedures
Representations and Warranties
Confidentiality
Intellectual Property
Non-Competition
Insurance Requirements
Indemnification
Force Majeure
Term and Termination
Change Control
Subcontracting
Record Keeping
Audit Rights
Dispute Resolution
Liability Limitations
Governing Law
Assignment
Food Safety Compliance
Storage Requirements
Packaging Specifications
Capacity Commitments
Minimum Purchase Requirements
Product Acceptance
Emergency Response
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