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US move to check terrorist attacks — FDA seeks prior notice of food imports

Deeptha Rajkumar

KOCHI, Feb. 9

IN yet another move towards regulating food trade to eliminate possibility of its use for terrorist attacks, the US Food and Drug Administration (FDA) has announced a `proposed regulation' that would require prior notice to FDA before food is imported or offered for import into the US.

Seafood industry sources told Business Line that this is one of a series of critical steps being taken by FDA to strengthen its ability to protect the food supply. The proposed regulation is also perceived as an important milestone in implementing the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.

The Bioterrorism Act states that it is a prohibited act to import or offer for import an article of food without prior notice, and that food imported or offered for import without adequate notice will be refused admission and held at the port of entry until adequate prior notice is received, unless FDA directs its removal to a secure facility.

This new legislation provides FDA with new authority for protecting the nation's food supply against terrorist acts and other public health threats. The `prior notice' provision in the Act would give FDA advance information of imported food shipments, which would allow it to target inspections more effectively and to help ensure the safety of imported food products before they enter domestic commerce.

Under the proposal, FDA must be notified by noon of the calendar day before the day the imported food will arrive at the US border crossing or at the port of entry. The proposed rule would require prior notice to be submitted electronically through an FDA Internet-based system that would be operational 24 hours a day, seven days a week. FDA anticipates that an average of approximately 20,000 prior notices concerning imported food will be submitted daily.

The Bioterrorism Act requires that FDA receive prior notice beginning December 12, 2003, even if final regulations have not been issued by that date. FDA is offering the public 60 days to comment on the proposed rule and plans to issue a final rule by October 12, 2003, after considering the comments it receives.

However, sources said the proposed rule does not apply to food carried in an individual's personal baggage entering the US for that person's personal use, or to meat, poultry or egg products that are exclusively regulated by the US Department of Agriculture at the time of importation. All other imported foods, including beverages, would be subject to the prior notice requirements, whether or not the food is intended for consumption in the US.

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