As a reminder to importers of food products, note that the Food and
Drug Administration (FDA) will significantly change regulations for
importing food. These changes will go in effect by December
2003. For food importers, two of these changes merit attention:
- All United States and foreign facilities manufacturing,
processing, packing or holding human or animal food for U.S.
consumption must register with the FDA.
- Importers of food products must give notice to FDA prior to the
arrival into the United States of the imported food
products. This pre-alert of importation of food products
must be submitted for all imported food products, whether human or
animal, and it includes in-bond importations not destined for
consumption in the United States.
All facilities related to food manufacture or handling will be
required to register. Exceptions include farms, fishing vessels
that transport and harvest fish or "facilities regulated
exclusively by the U.S. Department of Agriculture (USDA) under the
Federal Meat Inspection Act, the Poultry Products Inspection Act, or
the Egg Products Inspection Act."
The FDA expects to have a computer system up and running to
accommodate the registration of foreign and domestic facilities.
The tentative registration date is October 12, 2003 and will be done
electronically. Foreign facilities subject to registration may appoint
a U.S. agent to register on their behalf.
Please note: failure to register would be considered
grounds for filing criminal or civil changes against the party that
fails to register.
In providing information to the FDA prior to a food product arriving
into the United States, food importers should take heed that:
Importers or purchasers are responsible for submitting the prior
notice to arrival; amendments and updates are allowed on the
prior notice. The FDA deems the port of entry as the port where
the food product first arrives and not where the U.S. Customs entry is
filed.
The prior notice of importation applies to all food products except
food carried by an individual traveler for personal consumption and
foods subject to the exclusive jurisdiction of the USDA under the
meat, poultry or eggs protocols mentioned above.
The prior notice must be submitted no sooner that five (5) days prior
to, and no later than noon the calendar day before the day of arrival.
We will provide you with more details on these new regulations as they
develop.