FDA's Prior Notice for Imported Food Goes into Effect May 6

TRADE ALERT

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FDA’s Prior Notice = for Imported Food Goes into Effect May 6

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(May 5, 2009)

The final rule for the “prior notice” for food imports = goes into effect May 6, 2009. Also= , a compliance guide has been issued by the Food and Drug Administration (FDA) = to help importers comply with the final rule.= While the final rule reflects the October 10, 2003 interim final rule (IFR), there are several noteworthy revisions.

&m= iddot;      =    The final rule ret= ains the minimum timeframes for submitting prior notice that are in the IFR.

&m= iddot;      =    To assist importer= s, the final rule now permits prior notice submissions to be submitted no more tha= n 15 calendar days before the anticipated date of arrival for submissions made through FDA’s Prior Notice System Interface (PNSI) and no more than 30 calendar days before the anticipated date of arrival for submission made through CBP’s Automated Broker Interface of the Automated Commercial System (ABI/ACS), instead of the 5 calendar days required in the IFR. =

&m= iddot;      =    The final rule add= s a definition for "manufacturer" as the last facility, as that word = is defined in 21 CFR 1.227(b)(2), that manufactured/processed the food and provides an alternative for identifying the manufacturer when the registrat= ion number is not provided such as when it is not known. =

&m= iddot;      =    The final rule exe= mpts from prior notice food in diplomatic bags/pouches based on the authority in Art. 27(3) of The Vienna Convention on Diplomatic Relations (1961), which states: “The diploma= tic bag shall not be opened or detained.”

The final rule al= lows, when certain conditions are met, for the submission of the express consignm= ent operator or carrier tracking number in lieu of the anticipated arrival information, Bill of Lading, or Airway Bill number and flight number, which the IFR required.

For the complete final rule, please see the Federal Register at: http://edocket= .access.gpo.gov/2008/pdf/E8-26282.pdf

FDA’s = Guidance Document can be found at: http://www.cfsan.fda= .gov/~acrobat/fsbtpn2.pdf

Please contact your Deringer representative for any further assistance.

About Deringer

A.N. Deringer, Inc. is a leading provider of international logistics services including Freight Forwarding, Warehousing & Distribution, Customs Brokerage, Logistics Consulting, Ca= rgo Insurance, and Meat Inspection. Deringer combines over 30 US offices with a global agency network to facilitate the movement of cargo throughout the wo= rld.

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