2002N-0278 - Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; Reopening of Comment Period
FDA Comment Number : EC444
Submitter : Mr. John A. Leitner Date & Time: 05/17/2004 06:05:37
Organization : W.J. Byrnes
Food Industry
Category :
Issue Areas/Comments
GENERAL
GENERAL
The objective of the Bioterrorism Act was to protect the nation's food supply. We do not feel there is adequate threat to the nation's food supply posed by the importation of small commercial samples used for testing and evaluation and not for sale or other distribution under the following circumstances:
1) Food being imported by a quality control laboratory who imports food samples in limited quantity in order to test them for trade law compliance, and related reasons and not to released for sale or other distribution;
2) Food purchased in a foreign country in limited quantity at the request of a U.S. entity, that is Registered with FDA, solely for testing, tasting or other analysis within that facility and would not be released for sale or other distribution.
We recommend that such qualified samples be exempt from PN requirements. The import of food under these circumstance is to a controlled environment which poses no threat to the nation's food supply.
Respectfully submitted on behlaf of our food import customers, which is 32% of our business.
John A. Leitner, President
W.J. Byrnes & Co.
Licensed Customs broker and forwarder