Update on Bioterrorism Act 2002: Prior Notice of Imported Food Shipments - Compliance Summary Information

From: Pamela Tom (pdtom@ucdavis.edu)
Date: Wed Apr 07 2004 - 22:09:18 PDT

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    The U.S. Food and Drug Administration has published Compliance Summary
    Information re: Prior Notice of Imported Food Shipments at:
    http://www.cfsan.fda.gov/~pn/pnsum.html

    The Public Health Security and Bioterrorism Preparedness and Response Act
    of 2002 (Bioterrorism Act), section 307, added section 801(m) to the
    Federal Food, Drug, and Cosmetic Act to require that FDA receive prior
    notice for food imported or offered for import into the U.S. In the
    preamble to the interim final rule published October 10, 2003, FDA stated
    that it would provide a transition period, during which it would emphasize
    education on prior notice requirements to help industry better comply with
    the regulation.

    A Compliance Policy Guide was issued in December 2003 to provide guidance
    on the agency's strategy for enforcing and achieving compliance with the
    interim final rule. During the initial period, FDA is providing industry
    and the public with summary information about the level of compliance with
    the prior notice requirements, including data on the types of errors in
    submitted prior notices. This information will also be analyzed to help
    FDA take appropriate enforcement action when necessary.

    The web site mentioned above features information on:
    1. The number and types of prior notices that are being filed, and which
    systems are being used to submit them, and
    2. The degree of compliance with the prior notice requirements.

    The information describes prior notice submissions received during the
    first two months after the interim final rule became effective December
    12, 2003. It summarizes the current pattern of submissions, and identifies
    the biggest areas of concern. As the transition period progresses, FDA
    expects to provide more detailed information specifically targeting key
    areas that require attention.

    # # # #

    Regards,

    Pamela Tom
    University of California
    Sea Grant Extension Program



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