FDA, Customs to integrate pre-note process

WASHINGTON, (June 11, 2003) — The U.S. Food and Drug Administration (FDA) and the Bureau of Customs and Border Protection (CBP) will streamline the implementation of the pre-notification requirements of the Bioterrorism Act by allowing food importers and carriers to provide required information on food imports to both agencies using an integrated process.

Under the act, the FDA would require companies that make, process, pack, or warehouse food for export to notify the FDA by noon the day before their goods arrive at the U.S. border. Truck fleets that do not “hold” food are not part of the pre-notification requirement. However, they must still register with the FDA before Dec. 12, and will be responsible for preparing loads and operating within the new time frame.

It was previously expected shippers and various carriers would have to prepare for pre-notification and registration requirements for both the FDA and U.S. Customs-meaning two separate requirements for the same shipment, and in the case of LTL loads, perhaps multiple requirements for a single trailer.

But the FDA and CBP have been working together to find ways to modify CBP’s Automated Commercial System, currently used to obtain import information required by Customs. As a result of this collaboration, importers, in most circumstances, will be able to provide the required information to FDA using this existing system, making it easier for them to comply with the new law. Nearly 20 per cent of all imports into the U.S. are food and food products.

The FDA is reviewing the comments submitted on the proposed rule, published in February, and is preparing a final rule for October.