*EPF311 06/02/2004
Text: United States to Require Prior Notice of All Imported Food
(Non-conforming shipments will be denied entry, U.S. Customs says) (580)

Beginning June 4, U.S. authorities will require advance notice of all food imports destined for the United States, an agency in the Department of Homeland Security says.

The measure, which is mandated by a 2003 bioterrorism law, will enhance the U.S. Customs and Border Protection (CBP) bureau's ability to detect potential bio- and agroterrorism, CBP Commissioner Robert Bonner said in a June 2 news release.

Shippers and exporters of food products are obligated to file notice with CBP and the Food and Drug Administration two hours in advance for truck shipments, four hours in advance for rail and air shipments, and eight hours in advance for sea shipments, CBP said.

The agency also said it will refuse entry to any merchandise not preceded by proper notice.

Following is the text of the release:

(begin text)

U.S. Department of Homeland Security
U.S. Customs and Border Protection

Press Release
June 2, 2004

U.S. CUSTOMS AND BORDER PROTECTION MOVES TO IMPLEMENT THE BIOTERRORISM ACT

Washington, D.C. -- U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner today announced that beginning on June 4th at 6 a.m. Eastern Standard Time the third phase of the Bioterrorism Act (BTA) will be implemented. Phase III requires that CBP and the Food and Drug Administration (FDA) receive prior notice of all food for humans and animals imported or offered for import into the United States. Failure to provide prior notice will result in the merchandise being refused entry. Under the BTA food products shipped by truck are required to file prior notice two hours prior notification, 4 hours for rail and air, and 8 hours for sea.

"As the nation's unified border agency, U.S. Customs and Border Protection's priority mission is preventing terrorists and terrorist weapons from entering the U.S., and that includes detecting potential bio-and agroterrorism involving imported food," Commissioner Bonner stated. "Since the Bioterrorism Act took effect on December 12, 2003, we have worked closely with the FDA to educate affected people and companies about the new requirements. While we will continue to educate, we will now begin to enforce so that we can better protect the food that is on the table of every American household," Commissioner Bonner added.

The Phase III implementation will hold goods, which have not given prior notification, at the port of entry or at a FDA registered secure facility. The carrier will have the opportunity to voluntarily export the items if compliance with the BTA cannot be accomplished in a timely manner or at all. The exception is for transportation and exportation entries, which require that prior notice be filed at the port of arrival before movement can be authorized. Prior to June 4th FDA and CBP have made numerous presentations to foreign government officials and domestic and foreign industry members. CBP and FDA have sponsored live satellite broadcasts, videoconferences around the world, and coordinated a massive distribution of outreach materials, all of which described the rules and the plan to enforce them. For more information on the BTA go to www.fda.gov.

U.S. Customs and Border Protection is the agency within the Department of Homeland Security charged with the protection of our nation's borders. CBP unified Customs, Immigration, and Agriculture Inspectors and the Border Patrol into one border agency for the United States.

(end text)

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

Return to Public File Main Page

Return to Public Table of Contents