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FDA Issues Final Rule on Prior Notice of Imported Food

May 29, 2013

The Food and Drug Administration issued today a final rule that adopts without change the interim final rule on Information Required in Prior Notice of Imported Food. The rule, part of the Food Safety Modernization Act, requires importers to notify government officials if the products to be imported have been refused entry by other countries.

The rule will allow FDA to make better-informed decisions about potential safety risks from imported foods, including food for animals, and will eliminate "port shopping." IDFA supports this rule.

The interim final rule became effective July 3, 2011. The final rule adopts the regulatory requirements outlined in the interim final rule and will become effective May 30, 2013.

The Prior Notice provision was part of the Public Health Security and Bioterrorism Preparedness and Response Act, (known as the Bioterrorism Act), signed into law in June, 2002. This Act said FDA must receive a notice including certain information about imported foods before they arrive in the United States. It also said that food imported or offered for import is subject to refusal of admission into the United States if adequate prior notice has not been provided to FDA.

For more information, contact Clay Detlefsen, IDFA vice president of regulatory affairs, at


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