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FDA ANNOUNCES REPORT ON SAFETY OF IMPORTED FOODS

FDA announced today the enactment of procedures to advance the Administration’s food safety program by more effectively preventing unsafe imported food from entering the United States. These procedures have been developed in response to President Clinton’s directive on July 3, 1999, to the Secretaries of Health and Human Services and Treasury to work together to address six specific issues, targeting unscrupulous importers who violate the rules and subvert the system by moving unsafe food into U.S. markets. FDA and U.S. Customs Service presented their joint plan in an October 27, 1999 report to the President, posted it for public comment, and held a series of public meetings to discuss the plan. FDA and Customs then worked together to develop procedures and new rules to initiate the plan.

FDA has now established a procedure to prevent distribution of unsafe imported food by requiring that shipments from "bad actor" importers be held in a secure storage facility at the importers’ expense until released by FDA. FDA has also established procedures to enhance interagency coordination and efficiently use Customs' civil monetary penalties procedures against importers who attempt to enter food into the United States by means of a material false statement, act, or omission. Penalties can be issued in amounts up to the domestic value of merchandise so imported.

FDA has also published, for comment, a proposed rule that will require marking food shipments refused for safety reasons to indicate that the product was denied entry into the United. States. This will help eliminate the practice of "port shopping" in which importers whose cargo is denied entry at one port try to re-introduce it at another port without bringing the food into compliance with U.S. laws and regulations.

In addition, FDA is developing a proposed rule that will establish standards for importers and other persons who use sample collection services and/or private laboratories to demonstrate compliance with FDA law, including standards for the collection and analysis of samples.

Although Americans enjoy the safest food supply in the world, the implementation of these procedures will increase the tools available to FDA and Customs to penalize unscrupulous importers and discourage those who import or attempt to import food that jeopardizes the public health. As a result, consumers will be still better protected against unsafe food.

In some cases, these activities can be accomplished through changes to internal operating procedures; in others, regulations are being proposed. FDA and Customs will continue to work with other government agencies and Congress to further ensure the safety of the U.S. food supply.

This is a mirror of the page at http://www.fda.gov/bbs/topics/answers/2001/ANS01068.html

Marking Requirements for and Prohibitions on the Reimportation of Imported Food Products That Have Been Refused Admission into the United States Federal Register Proposed Rule - January 22, 2001