[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 20955-20956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my09-69]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2007-D-0487] (formerly Docket No. 2007D-0260)
Compliance Policy Guide; ``Sec. 110.310 Prior Notice of Imported
Food Under the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002;'' Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a Compliance Policy Guide (CPG) entitled ``Sec. 110.310
Prior Notice of Imported Food Under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002.'' The CPG provides
written guidance to FDA's and
[[Page 20956]]
Customs and Border Protection's (CBP's) staff on enforcement of the
Public Health Security and Bioterrorism Preparedness and Response Act
of 2002 (the Bioterrorism Act) and the agency's implementing
regulations, which require prior notice for food imported or offered
for import into the United States.
DATES: Submit written or electronic comments concerning the CPG at any
time.
ADDRESSES: Submit written comments on the CPG to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. See the SUPPLEMENTARY INFORMATION
section for electronic access to the CPG.
Submit written requests for single copies of the CPG to the
Division of Compliance Policy (HFC-230), Office of Enforcement, Food
and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send
two self-addressed adhesive labels to assist that office in processing
your request, or fax your request to 240-632-6861.
FOR FURTHER INFORMATION CONTACT: Laura Draski, Office of Regulatory
Affairs (HFC-100), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857, 866-521-2297.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of November 7, 2008 (73 FR 66411), FDA
announced the availability of a draft CPG entitled ``Sec. 110.310 Prior
Notice of Imported Food Under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002.'' After considering
the one comment received, FDA revised the CPG, with CBP concurrence,
where appropriate. The revised CPG provides written guidance to FDA's
and CBP's staff on enforcement of section 307 of the Bioterrorism Act
and the agency's implementing regulations, which require prior notice
for food imported or offered for import into the United States.
FDA is issuing this CPG as level 1 guidance consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The CPG represents
the agency's current thinking on its enforcement policy concerning
prior notice. It does not create or confer any rights for or on any
person and does not operate to bind FDA, or the public. An alternative
approach may be used if such approach satisfies the requirements of the
applicable statutes and regulations.
II. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic copies or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. The CPG and received comments may be
seen in the Division of Dockets Management between 9 a.m. and 4 p.m.,
Monday through Friday.
III. Electronic Access
An electronic version of the CPG is available on the Internet at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/ora under ``Compliance References.''
Dated: April 29, 2009.
Michael A. Chappell,
Acting Associate Commissioner for Regulatory Affairs.
[FR Doc. E9-10556 Filed 5-4-09; 4:15 pm]
BILLING CODE 4160-01-S