Third FDA pre-note phase to begin next week

TORONTO, (May 7, 2004) — The Food and Drug Administration is preparing for the third enforcement phase for the prior notice of food shipments, beginning on May 13, 2004.

The Ontario Trucking Association reports that CBP directors at ports of entry at Buffalo (includes Lewiston), Detroit, and Port Huron, all indicate their staff to fully enforce the requirements for shippers/carriers to submit prior notice.

Under phase three shippers and carriers must submit prior notice or be subject to refusal and/or civil monetary penalties issued by CBP. Shippers or carriers who make minor errors in their submission of information to FDA will not be refused entry, but could face monetary penalties.

It is still not clear whether carriers that fail to submit their prior notice and turned back to Canada will be exempt from additional toll charges. OTA has been in contact with the bridge operators about confirming whether additional toll charges will take effect immediately, or whether the bridges will wait until full enforcement of the regulations come into effect on August 13, 2004.

The rules require domestic and foreign food facilities that manufacture, process, pack or hold food to electronically notify FDA of food shipments two hours before it reaches the border. The rule also requires such parties to register with the agency. However, carriers hauling food cargo between two points do not have to register equipment like trucks and trailers provided the company does not “process or sort food” en route.

More details on the phased in enforcement of FDA’s new regulations can be viewed at www.ontruck.org/info/information/pdf/031211_FDA_Compliance_Policy_Guide.pdf.