The Food and Drug Administration (FDA) has issued a final rule on May 29, 2103 on the Prior Notice (PN) requirement of submitting the name of any country that has refused entry to a food product prior to importation to the United States. The final rule is identical to the interim rule isseud on May 5, 2011. The law that mandates this data element, the Food Safety Modernization Act (FSMA), was signed into law on January 4, 2011. Although the FDA has largely been lenient of this requirement the past two years, it is expected that the agency would ramp up enforcement with the publication of its final rule.
This additional information helps the FDA make better informed decisions in managing potential risks of imported food into the country. This information along with other Prior Notice elements provided to the FDA in advance of the arrival of goods is used to review, evaluate and asses the information, and determine whether to inspect the imported food. Failure to comply may result in refusal of admission to your food import into the country.
In order to comply with this requirement, Great World suggests that our customers indicate on their shipping documents whether or not an article has been refused entry by any country. The following statements or something similar could be used:
- Shipment has not been refused by any other country prior to importation into the United States.
- Shipment was refused by (Name of Country) prior to importation into the United States.
Although the FDA does not require the importer to provide the reason the entry product was refused by another country, the FDA may pursue the reason for refusal. An option to consider would be to provide an explanation on your commercial invoice or on an accompanying document to every shipment.
Great World thanks you for your time. If you have any questions, please do not hesitate to contact us.
-John Christopher Jimenez
Customs Entry Writer
Great World dba GWL
218 Littlefield Ave., South San Francisco, CA 94080
Dir +1 650-762-9668 | Tel 650-873-9050 x1024 | Fax 650-873-7029 | firstname.lastname@example.org (gchat)