U.S. FDA releases DRAFT Guidances on Exporting to the EU

From: Pamela Tom (pdtom@ucdavis.edu)
Date: Mon Nov 29 2004 - 19:56:03 PST

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    To: Seafood HACCP Community
    Fr: Pamela Tom, University of California - Sea Grant Extension Program

    FDA has issued two DRAFT guidance documents relating to certification of
    seafood for export to the EU.

    The first draft guidance, Guidance and Protocol for Industry and Food and
    Drug Administration Staff - Certification of Fish and Fishery Products for
    Export to the European Union and the European Free Trade Association, is a
    draft protocol for industry and FDA for purposes of overall clarification
    and to ensure uniformity in the procedures used to issue these
    certificates. The draft guidance provides considerable detail on the
    circumstances under which a firm is eligible to receive a certificate,
    e.g., when products are produced in the U.S. or value is somehow added in
    the U.S., and when a firm is not eligible, e.g., when a product is
    transshipped through the U.S. with no value added. This guidance, when
    finalized, is intended to supersede all previous protocols that were
    written by the various Districts Offices that provide EU certification for
    seafood products. Source: http://www.cfsan.fda.gov/~comm/seaguid4.html

    The second draft guidance, Guidance for Industry - Proposed Referral
    Program from the Food and Drug Administration to the National Oceanic and
    Atmospheric Administration Seafood Inspection Program for the
    Certification of Live and Perishable Fish and Fishery Products for Export
    to the European Union and the European Free Trade Association, proposes a
    Referral Program for a 24-month period to test the viability and
    effectiveness of referring requests for EU certification for live and
    fresh products to NOAA SIP. During this period, EU Export Certificates for
    all shipments of live and perishable fish and fishery products destined
    for the EU, EU Accession Partnership Countries, and EFTA Members would be
    issued by the NOAA SIP under the authority of the Agricultural Marketing
    Act. Source: http://www.cfsan.fda.gov/~comm/seaguid5.html

    Live and fresh fish and fishery products e.g. live lobster and crab, fresh
    salmon, fresh monkfish fillets are included in the referral program.
    Products that are preserved, such as frozen, canned, dried, vacuum packed,
    etc. are not affected by the referral program.
    Source: http://www.cfsan.fda.gov/~dms/eucertqa.html

    These draft guidances are not final nor are they in effect at this time.

    Comments and suggestions regarding these draft documents should be
    submitted within 30 days of publication (due December 27, 2004) in the
    Federal Register of the notice announcing the availability of the draft
    guidance. Submit comments to Dockets Management Branch (HFA-305), Food and
    Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    All comments should be identified with the Docket Number 2004D-0509. For
    questions regarding this draft document contact Tim Hansen, Center for
    Food Safety and Applied Nutrition (CFSAN), (301) 436-1405.

    Questions and answers addressing the FDA Guidance on EU Export
    Certificates for Seafood are posted at:
    http://www.cfsan.fda.gov/~dms/eucertqa.html

    If you have questions on live and fresh fish and fishery product
    shipments, these web sites offer information:

    http://seafood.nmfs.noaa.gov/ (US Dept. of Commerce Seafood Inspection
    Program)

    http://www.cfsan.fda.gov/~lrd/certifi3.html (FDA-Issued/Supported Export
    Certificates for Foods)

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