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| Bioterrorism Act's Three Phase Approach | ||
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Published 20031211 |
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Again we wish to remind importers of any food
products that starting December 12, 2003, important changes will
be mandated for the import procedures of food products.
These changes are expected to be implemented in the following
three phases:
The Initial Phase, also known as The Education and Communication Phase, begins on December 12, 2003. During this first phase, a shipment would only be held up if there is reason to suspect it of posing a threat to national security. Customs and Border Protection and the Food and Drub Administration (FDA) intend on focusing "their collective enforcement resources on informed compliance and educational initiatives rather than enforced compliance." The Intermediate Phase will be a continuation of the the first phase in the emphasis on "educating the public and trade community" on the requirements of prior notice reporting. However, penalties during this second phase will be issued against "egregious violators." The Final Phase will see full compliance imposed for the requirements of prior notification. In other words, importers who are delinquent in reporting prior notices will be subject to fines and penalties. The time frames for all but the Initial Phase are still being worked out by the FDA. We'll keep you posted. To summaries the features of the Bioterrorism Act of 2002 that impacts food imports: All food facilities, both domestic and foreign, must be registered with the FDA by December 12, 2003. This registration is done on form 3537 and can accessed via the internet at http://www.cfsan.fda.gov. The FDA must be notified of all arrivals of food shipments prior to their physical arrival in the Customs territory of the United States. For land border shipments, the prior notice must be submitted two hours prior to arrival.
For air shipments, the prior notice must be
submitted four hours prior to arrival.
For ocean vessel carriers, the prior notice must be submitted eight hours prior to arrival. |
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