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January/February  2004             


Bioterrorism Act:

Protecting the U.S. Food Supply

 

The events of Sept. 11, 2001, reinforced the need to enhance the security of the United States. Congress responded by passing the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act), which President Bush signed into law June 12, 2002. The Act, which went into effect in December of 2003, is intended to protect the health and safety of the people of the United States from an intended or actual terrorist attack on the nation’s food supply. As the Food and Drug Administration (FDA) has primary responsibility for the safety of the nation’s food supply, they are the governing party targeting imports. To begin with, FDA wants to maintain a complete listing of all facilities involved in the food supply in order to regulate the industry closer and respond more efficiently to emergencies. FDA now requires the registration of foreign suppliers that process, pack or store food for consumption for the U.S. and U.S. importers. In addition, FDA also requires that all foreign food facilities have a U.S. resident agent, who will serve as the U.S. presence. For further information on this Act, including registration, explanation of the policy, risk assessment, and more, contact FDA at: www.fda.gov/oc/bioterrorism/bioact.html.

 

FDA has placed the responsibility for compliance into the hands of the importer, including prior notification that food products will be entering the United States. The following is a list of modes of transport and the parameters set for notifying FDA:

 

Mode   Minimum Prior Notice   Maximum Prior Notice

Truck   2 Hrs before Arrival        Not more than 5 days prior

Rail      4 Hrs before Arrival        Not more than 5 days prior

Air         4 Hrs before Arrival        Not more than 5 days prior

Ocean  8 Hrs before Arrival        Not more than 5 days prior

Mail      Required before mailing    No Maximum Limit

 


Export Requirements for Wood Packaging Materials 

The U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) has published an industry alert providing updated information on the requirements for wood packing materials that are exported from the United States. Included in this alert is the following information:

"NEW EXPORT REQUIREMENTS FOR WOOD PACKAGING MATERIALS: A number of countries have begun to draft regulations for wood packaging materials in line with the International Standard for Phytosanitary Measures (ISPM15). APHIS has entered into a memorandum of understanding with both the American Lumber Standards Committee (ALSC) and the National Wood Pallet and Container Association (NWPCA) to oversee the official programs of heat treatment or fumigation and the marking of the materials. For information as well as details pertaining to heat treatment and marking requirements, contact ALSC at 301-972-1700. For details pertaining to fumigation and marking requirements, contact NWPCA at 703-519-6104."

The APHIS industry alert can be accessed on the agency's web site at: http://www.aphis.usda.gov/ppq/swp/
 


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