The FDA and food importers are working out the details of the
prior notice reporting as required in the Bioterrorism
Act of 2002. At this time details are scarce,
however, the concerns and complaints raised by food importers are
anything but scarce. The FDA proposes a "deadline
of noon of the day before the shipment is due to arrive at a U.S.
port or border." Several food importers
clearly think that this reporting time is too early and puts
logistic constraints on the movement of their goods. It is
unrealistic to expect cargo data to be available to FDA by noon on
the day before the freight leaves for the United States,
especially if the shipments are arriving from Canada or Mexico.
The FDA plans on using the Customs Automated Commercial System (ACS)
to retrieve the cargo data on food import shipments, but it will
also continue to use the Operational and Administrative System for
Import Support (OASIS) to determine admissibility of import
commodities.
The new rules regarding prior reporting of food imports should be
published before October 12th and they should go into effect by
December of this year.