FDA takes aim at bioterrorists

Ken Johnston
Editor

Planning on taking some food to the United States in the near future? Well as of December 12, 2003 the rules have all changed.
The Public Health Security and Bioterrorism Preparedness and Response Act came into effect on that day and now requires all food exported to the United States to be approved by the U.S. Food and Drug Administration before it can enter the U.S.
To do that the FDA is requiring a minimum of two hours notice before shipments of food arrive at the U.S. border. For businesses that export food products for consumption in the U.S. they had to register their company and product information with the FDA by Dec. 12th. Individuals taking food to the U.S. or mailing food the U.S. have to give prior notice of their intention by going to the FDA’s Prior Notice System Interface on the internet at http://www.access.fda.gov.
However there are some exceptions to this new rule. Food for an individual’s personal use (i.e. for consumption by the individual, family or friends and not for sale or other distribution) when it is carried by or otherwise accompanies the individual when arriving in the United States is exempt. Food also made by an individual in his/her personal residence and sent by that individual as a personal gift for non-business reasons to an individual in the United States is exempt. So in otherwords those Christmas cookies you baked for family across the border are exempt as long as you take them across the border yourself. If they are mailed prior notice must be given.
On the FDA website, listed above, once prior notice is given a confirmation number will be sent to the individual, which they must put on their customs declaration before the food can enter the U.S. There is no charge for giving prior notice or receiving a confirmation number.
Dave Imes, of U.S. Customs in Baudette, Minnesota, said that for the first eight months they will be phasing in the new rules and that for now they are just educating the public. He noted that the key is to remember that if the items are for personal use they do not need prior notice. “People can go to Canada and buy their groceries for personal use and do not need to give prior notice,” said Imes.
While farmers are exempt from having to register as a company the articles grown on their farms will require prior notice.
It also applies to food that is only passing throught the U.S. i.e. from Rainy River to Sprague via Minnesota.
The idea behind this new law is to protect the U.S. food supply from bioterrorist attacks.