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FDA Updates Guidance on Prior Notice for Imported Foods

Friday, June 17, 2016
Sandler, Travis & Rosenberg Trade Report

The Food and Drug Administration has issued the third edition of a guidance document on compliance with the requirement to notify the FDA that an article of food (including food for animals) is being imported or offered for import into the U.S. in advance of its arrival at the U.S. border.

The prior notice requirement took effect Dec. 12, 2003, and the FDA issued two previous guidance documents in December 2003 and May 2004. Since then the FDA has issued (1) a 2008 final rule requiring the submission of prior notice of food imported or offered for import into the U.S., and (2) a 2013 final rule requiring the name of any country to which an article has been refused entry to be reported in prior notices. The updated guidance addresses questions received since publication of the second edition, clarifies and updates previous responses, and includes information about the new prior notice information requirement created by the Food Safety Modernization Act.

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