Articles

Customs Alert - Proposed Legislation -- Imported Foods

By Carl Soller

Aug. 24, 2007

Legislation has recently been proposed that would have a significant impact on imported food. Primary aspects of the proposed legislation are as follows:

• Require FDA to assess user fees of up to $50 per line item on imported food;
  
• Require FDA to, within 5 years, restrict all imports of food to ports of entry located in a metropolitan area with an FDA laboratory;
  
• Require FDA to, within 180 days, issue regulations that require the labeling of food to identify its country of origin;
  
• Increase civil penalties for importers or manufacturers that violate the Federal Food, Drug and Cosmetic Act to $100,000 per individual and $500,000 per company;
  
• Give FDA mandatory recall authority;
  
• Require each foreign facility from which food is imported into the United States to obtain an FDA certification stating that it maintains a program using reliable analytical methods to ensure compliance with all U.S. standards; and
  
• Require FDA to, within two years, establish regulations mandating processed food undergo testing to detect substances that may render it adulterated.

For further information on this and other customs and International Trade issues, please contact C.J. Erickson (212) 790-9274) or Carl R. Soller (212) 790-9231.

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