To: Seafood Community
The following information will be of interest to people involved with
imported foods to the U.S. and prior notice.
Pamela Tom, Univ. of Calif. - Sea Grant Extension Program
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Status of Implementing Phase 3 Enforcement of Prior Notice
Due to a delay in implementation of software changes to Customs and Border
Protection's (CBP) Automated Broker Interface (ABI) of the Automated
Commercial System (ACS), CBP and FDA will implement Phase 3 of Enforcement
of 21 CFR 1.283(a) and 1.285(a), (b) in June 2004.
On May 18, 2004, in an Administrative Message entitled "DELAY
IMPLEMENTATION STAGE 3 BIOTERRORISM ACT ENFORCMNT", CBP notified ABI
filers that it was delaying the installation of programming changes for
enforcement of the prior notice bioterrorism. These changes would have
made failure to submit all mandatory prior notice (PN) data elements cause
for rejection by ABI.
This delay does not imply an automatic delay of the final stage of
enforcement of prior notice requirements on August 12, 2004. Submitters
and transmitters of prior notice should also realize that prior notice
submission periods before the shipment arrival should take into account
any possible time needed to deal with corrections required by either ABI
or by FDA. Simply submitting prior notice within the minimum 2, 4, or 8
hour window may not allow time to review, correct, and submit corrected
prior notice sufficiently in advance of arrival to avoid refusal from FDA.
FDA will soon publish a revised Compliance Policy Guide (Prior Notice of
Imported Food Under the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002) implementing this date change for
enforcement.
Source: http://www.cfsan.fda.gov/~dms/fssupd88.html
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