Companies Must Give US Notice of Food Imports

FDA to Monitor Nearly All U.S. Food

October 10, 2003
By Edward Alden in Washington

The US will require advance notice of all food imports under measures aimed at preventing terrorists from tampering with the food supply, US government officials announced on Thursday.

But under pressure from food processors and importers, Washington has backed away from plans to force companies to divulge the contents of all food shipments at least a day in advance of those shipments entering the US.

The import rules for food have been among the most controversial proposals among the government's efforts to protect the US homeland from future terrorist attacks. The government fears that terrorists might poison food shipments, pointing to UK claims earlier this year that terrorists in London had been developing ricin for attacks in Europe.

But food industry officials had lobbied heavily against lengthy notice requirements, warning it would lead to food piling up and spoiling at US borders.

Under the final rule, which will become effective on December 12, companies can now give as little as two hours' notice to the US Food and Drug Administration for a shipment coming by truck from Canada or Mexico. Sea cargo will require advance notice of eight hours, while air and rail shipments will require four hours.

In addition, the US will require that all domestic food companies, and all foreign food companies that sell into the US, register with the FDA to help the government trace food shipments.

When the scheme is implemented, the FDA must be notified electronically of all food shipments to the US, including data on the manufacturer, the grower, the type of food being shipped and the country of origin.

Mark McClellan, FDA commissioner, insisted that even with as little as two hours' notice, the FDA and US Customs officials would be able to screen for potential dangers using sophisticated computer programs that search for indications of terrorist tampering. Border officials would then be directed to inspect the shipments.

"These are very sophisticated systems that can identify and target potentially worrisome shipments," he said. "This can all happen within a matter of minutes."

The US has struggled to find ways to increase security at its borders without slowing trade and increasing compliance costs for US companies. Food companies had complained, for instance, about having to give separate import notifications to both the FDA and Customs.

But under the final plan, only one notification will be required, and Robert Bonner, US Customs commissioner, insisted the scheme could be carried out "without stifling the flow of legitimate trade".

The US also plans to implement the arrangement flexibly during the first four months by not automatically penalising companies that fail to meet the notice requirements.

Susan Stout, vice-president federal affairs for the Grocery Manufacturers of America, called the changes to the scheme "terrific".

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