2003D-0545 - Guidance for Industry: Questions and Answers Regarding the Interim Final Rule on Registration of Food Facility (Edition 3); Availability
FDA Comment Number : EC7
Submitter : Mr. Stephen Ward Date & Time: 04/19/2004 03:04:43
Organization : Seawind Trading International
International
Category :
Issue Areas/Comments
GENERAL
GENERAL
Continuing my comment from prior submission......

4) Each container is physically observed being loaded (on-site). This is then documented, signed off by bonded observer, the container is sealed with a specific security seal, and electronically logged into the U.S. Customs Tracking system. This will enable the Homeland Secuity office to integrate with each relative port authority to have constant tracking of every container on every vessel.

5) Tracking System: The govt. could share or implement a corallary system similar to a West Coast company, called Cal-Modal. This independent company sells the service of tracking shipments from origin to port as a customer service amenity. This program can be adopted to track each shipment with details on origin, observing agent, container contents, and organizations involved.

Economic Impact: The economic impact to government services is difficult to calculate, but will be dramatically limited, by mandating to the steamship lines adopting this program. With no option but to adhere to this plan, each carrier, will immediately have to hire and train individuals meeting the U.S. Govt. established background. Once hired, each carrier, will negotiate with cusotmers large and small for cooperation on access to on site loading observation of container loading.

Larger companies will likely have staff employees on site daily. Smaller exporters will have employes make appointments to be on-site.

The expense of the new employees, will be absorbed, and passed on to the shippers. The shippers will absorb and pass the expense along to the importers, which will be passed to consumers.

This program will effectively force 100% of all steamship lines to adhere to the program. No exceptions. This is not a voluntary program.

The program must have teeth. Since the prgoram is going at the companies that have the financial power to implement this idea, it must have teeth or it will be rejected, negotiated, and rebuked.

1) No exceptions to adherence to the plan. By the set date, any vessel, that has a single container on-board, that is not documented as checked by a registered bonded employee, will be denied port entry to the U.S.

2) Long Term Threat: As our DEA department has been empowered to attach and sell both real estate and individual items of value, ie., automobiles, boats, etc. A serious notice must be levied to all steamship lines.

Any carrier that has an infraction in our ports after this statute is mandated will be denied any further entrys to U.S. Ports.
An incredibly dynamic and harsh penalty. But, if supported with proper govt. authority, will result in adherence.

Should any acts of terror slide through this newly established system, the onus of responsibility will trail to the carrier that provided the means for the transport of the dangerous goods.

This program does not have to be restricted to diligent loading agents observing for explosives. It can be expanded to employee knowledgeable individuals within food science to protect against potential taiting of food grade exports as well.

This idea will require several key proponets to work:

1) Authority to Force Program Implementation
2) Mandate of program to all carriers
3) Plausible employee contract and character references
4) Absoulte time frame for implementation of program
5) Repercussions to any carrier failing to implement prgram or that has infractions after program is in place.

Due to a majority of the steamship lines being International Companies, the U.S. will not have unilateral authority to claim assets in the case of a terrorist act. In the case of an American based carrier, acqistion of the company is a primary penalty. For Foreign based carriers, they will barred from all future U.S. port shipments.

Current competitive carriers will scramble to pickup the routes of the purged violative carriers.

Stephen Ward
Seawind Intl.
760 438-560