Bioterrorism Regulations
- FDA's proposed regulation for prior notice of imported food will severely and unduly harm international trade.
- Millers conduct a significant amount of cross border trade with Canada and Mexico.
- FDA has gone far beyond its mandate in the Bioterrorism Act and has ignored the flexibility given to it by Congress.
- As currently written the proposed regulation will cause confusion and be difficult, if not impossible to implement.
- FDA is not appropriately addressing the number of man hours the prior notice and registration regulations will require.
- If these provisions are not implemented correctly it will adversely affect trade, the perception of U.S. border security, and do little to increase overall food safety
NAMA message
The food industry, including millers, are working
with the FDA to rectify problems in the proposed
regulations. However, given the mandated date of
December 12, 2003 for implementation, there may not
be enough time for FDA to fully consider all the
proposed changes. It may be necessary for Congress to
extend the time frame for implementation to give FDA
the ability to reevaluate the broad affects of the
regulations. Also, if the FDA fails to promulgate
regulations that both increase food safety and
maintain free trade, it may be necessary for Congress
to clarify the intent of the provisions in the
Bioterrorism Act through legislative action.
Primary items of concern that need to be changed in FDA's proposed regulations
- Allow the exporter to submit prior notice.
- Provide 24/7 staffing at the ports of entry.
- Make the period of time for submission shorter and defined with Consideration for mode of transport.
- Clarify the grower "if known" requirement.
- Determine procedures for the resealing of inspected shipments.
Read more:
NAMA comments on the Food and Drug Administration's proposed rulemaking “Establishment and Maintenance of Records Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002”. July 8, 2003
NAMA comments on the Food and Drug Administration's proposed rulemaking “Administrative Detention of Food for Human or Animal Consumption Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002”. July 8, 2003
NAMA Urges FDA to Increase Food Security Without Sacrificing Foreign Trade, April 9, 2003
NAMA comments on the Food and Drug Administration's proposed regulation on prior notice of imported food under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002
NAMA's comments on FDA's proposed regulation on registration of food facilities under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002
last updated July 30, 2003
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