FDA and CBP announce transitional compliance policy on food imports

WASHINGTON, (Dec. 17, 2003) — The U.S. Food and Drug Administration (FDA) and the U.S. Bureau of Customs and Border Protection (CBP) has issued a compliance policy guide for enforcing and achieving compliance with the requirements of the interim final rule for submitting prior notice for food imported or offered for import into the United States.

The policy guide deals with the enforcement of the Bioterrorism Act’s requirement, which became effective on December 12, 2003, that FDA receive a prior notification (two hours for trucks) of all human and animal food from any company that holds, handles or packs food en route to the U.S.

Last week Today’s Trucking reported a last minute change by the agency concerning the registration part of the rule.

While carriers hauling food cargo between two points will still have to register their terminals with the FDA, they are now excused from registering equipment like trucks and trailers. However, companies that process or sort food en route, such as some logistics or LTL operations, must still register their equipment.

The FDA also reiterated its plan to delay enforcement of the pre-note rule until March 12, using the time to remind and educate carriers and shippers of the rule’s specifics, and to allow companies to become familiar with new electronic line release systems needed to comply with the regulation.

U.S. Customs’ own pre-note policy takes effect on Jan. 5, 2004.

The policy guides can be read at: http://www.fda.gov/bbs/topics/NEWS/2003/NEW00995.html
http://www.cfsan.fda.gov/~pn/cpgpn.html