Changes to FDA's Prior Notice of Imported Food Requirements
July 15, 2004

(Washington , D.C.) – Changes are needed to improve the efficiency and effectiveness of the Prior Notice of Imported Foods requirements in the Food and Drug Administration's interim final rule implementing the Bioterrorism Act of 2002, according to the National Food Processors Association (NFPA).

“Certain provisions in these prior notice requirements will have adverse implications for trade and business operations, if not resolved,” said John R. Cady, NFPA's President and CEO, in comments submitted this week to FDA.

NFPA highlighted concerns related to requirements for prior notice for imported food samples intended for research and development. “NFPA strongly believes that a solution must be identified to allow U.S. companies to import samples from unregistered foreign companies for product research and development,” Cady stated. “Lacking such a solution, food companies will be forced to discontinue certain aspects of research or relocate R & D facilities to other countries, putting U.S. food companies at a competitive disadvantage globally.”

Other points made in NFPA's comments:

    - NFPA strongly supported the ongoing dialogue with the Bureau of Customs and Border Protection (CBP) to integrate federal reporting requirements and allow food importers to submit prior notice information through the Automated Commercial System (ACS). NFPA also urged FDA to work to integrate and coordinate time frames, which is particularly important for shipments by truck originating at close border points.

    - NFPA urged FDA to extend the discretionary enforcement period until December 12, 2004, to enable detailed analysis and industry feedback to be provided on submissions for each mode of transportation and each reporting system. “Industry remains concerned about what could be avoidable ‘surprises' on August 12 (when the discretionary enforcement period ends) that result in detention of products at the border or disruption of trade due to noncompliance by other importers,” Cady noted.

    - More education is appropriate for submitters, transmitters, brokers and carriers following a detailed analysis of compliance issues including feedback to submitters that experience compliance problems, NFPA said. “Training programs can only provide added value after a detailed evaluation of data identifies existing problems and their solutions,” Cady stated.

    - NFPA encouraged FDA to rely on CBP's existing targeting programs and to recognize security systems already in place that identify low-risk shippers, and pointed out many food companies are participating in Customs Trade Partnership Against Terrorism (CTPAT) and using the Free and Secure Trade (FAST) carrier transport across the Northern borders.