Imports of Food Products Subject to New Requirements

On March 31, 2009, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued a letter to the Trade outlining the new import permit process for USDA Food Safety Inspection Service (FSIS)-exempted food products containing small amounts (less than two percent) of meat and/or poultry ingredients.

All import permit applications for FSIS-exempted food products containing small amounts of meat and poultry ingredients submitted to APHIS after June 22, 2009 will be reviewed by FSIS before APHIS can issue an import permit. The new rules mandate that, after the permit applications are submitted to APHIS, they must be approved by FSIS to ensure that meat and poultry ingredients in such food products originate from eligible sources (i.e. prepared under FSIS supervision or in a foreign establishment certified by a foreign inspection system approved by FSIS). Importers will now be required to provide evidence directly to FSIS to support the origin of the meat and poultry ingredients used in the food products identified on the APHIS permit application.

Failure to provide such source documentation will lead to FSIS advising APHIS that the products are ineligible for entry into U.S. commerce, and an import permit will be denied.

Furthermore, APHIS has informed Customs and Border Protection (CBP) that a USDA import permit will now be required for FSIS-exempted food products containing small smounts of meat and/or poultry ingredients from countries considered by USDA to be affected with animal diseases of concern. Products from such countries that previously entered under a health certificate indicating product being concentrated for boiling (e.g. bouillon cubes, extracts, or soup mixes), will now require a USDA import permit. Customs will begin enforcing this APHIS policy on June 22, 2009.

A list of countries eligible to export meat, poultry or processed egg products to the U.S. can be found
here.

FDA Develops New Tools to Further Improve the Security of Food and Cosmetics

As part of the Food and Drug Administration's (FDA) comprehensive Food Protection Plan initiative, on December 21, 2007, the FDA released self-assessment tools for the food and cosmetic industry to minimize the risk of intentional contamination of food and cosmetics. The FDA states that the tools are companion pieces designed to make the previously issued industry guidance documents more user-friendly and practical.

In 2003, the FDA issued a set of Food and Cosmetic Security Preventative Measures Guidance documents. These documents were aimed at operators of food and cosmetic establishments, as well as businesses that produce, process, store, repack, relabel, distribute, sell or transport foods, food ingredients, and cosmetics to help them minimize the risk of malicious, criminal, or terrorist actions involving products under their control.

The guidance documents are:


The self-assessment tool asks the participant to mark the presence of a variety of food protection measures with a Y (Yes), N (No), N/A (Not Applicable), or Don't Know for each item. Examples of measures addressed by the self-assessment tools include the possibility of product tampering; identification of security procedures and responsibilities; and evaluation of response strategies in the event of product tampering or other intentional contamination.

Interagency Working Group on Import Safety Presents Action Plan to President Bush

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On November 6, 2007, the Interagency Working Group on Import Safety presented its "Action Plan for Import Safety: A roadmap for continual improvement" to President Bush. The Action Plan can be found here. The plan is comprised of 14 broad recommendations and 50 specific action steps based on its previous report, "Protecting the American Consumer Every Step of the Way: A strategic framework for import safety" and the Immediate Actions Memorandum presented to the President on September 10, 2007.

More information can be found at:
www.importsafety.gov.

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