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Food Imports, Facility Registration, Export Procedures Among Topics of Upcoming Federal Rules

Friday, December 22, 2017
Sandler, Travis & Rosenberg Trade Report

New rules on food facility registration, food imports, and export restrictions, as well as proposed and final rules on topics such as the International Trade Data System, export procedures, and gluten-free labeling, are among the regulations set forth in the semiannual regulatory agendas recently issued by a number of federal agencies. These online resources list the following regulations affecting international trade that could be issued within the next year, with the expected timeframes indicated in parentheses.

- a Fish and Wildlife Service proposed rule to revise the regulations on the importation, exportation, and transportation of wildlife to adapt to the ITDS, clarify prior notification requirements and clearance and clearance refusal options, and add the ability for FWS to offer a conditional release of certain wildlife to coordinate release activities under ITDS (December 2017; previously July)

- a State Department final rule clarifying when exports may be made to or on behalf of a U.S. government agency without a license and expanding this exemption to allow for permanent exports (December 2017; unchanged)

- a State Department final rule adding South Sudan to the regulations on prohibited exports, imports, and sales to and from certain countries (December 2017; first time published)

- a Food and Drug Administration FDA final rule requiring certain data elements to be submitted to the FDA and U.S. Customs and Border Protection for veterinary devices (May 2018; first time published)

- a proposed rule implementing the FDA’s authority under the Food Safety Modernization Act to suspend the registration of facilities that manufacture, process, pack, receive, or hold food (June 2018; first time published)

- an FDA proposed rule that would remove requirements that apply to importers of food for humans and animals concerning requirements to obtain written assurance from the customer that identified hazards will be controlled (August 2018; first time published)

- a proposed rule from the Justice Department’s Bureau of Alcohol, Tobacco, Firearms, and Explosives to replace the term “specifically designed” with the term “specially designed” in 27 CFR Part 447 to make terminology consistent between the U.S. Munitions Import List, the International Traffic in Arms Regulations, and the Commerce Control List (September 2018)

- a proposed rule from the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to amend the regulations on the exportation of distilled spirits, wine, beer, and tobacco products to update export procedures and implement ITDS (September 2018; previously September 2017)

- an FDA final rule on gluten-free labeling of fermented, hydrolyzed, or distilled foods (October 2018; unchanged)

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