Trade Wants FSMA Importer Program Synchronized with C-TPAT
The trade has submitted comments in response to the Food and Drug Administration’s request for input on its implementation of the import provisions of the Food Safety Modernization Act (FSMA). The comments focus on the FSMA’s requirements for a Foreign Supplier Verification Program, a Voluntary Qualified Importer Program, the certification of certain high-risk imported food, third-party auditors and accreditation, and the two FSMA definitions of “importer.” In general, FDA was urged to set broad goals over prescriptive requirements, recognize risk, and clearly define requirements and terms.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
This summary focuses on comments regarding the voluntary qualified importer program (VQIP). (See ITT's Online Archives or 05/17/11 news, 11051718, 11051725, 11051730 for BP summaries of the other issues.)
Voluntary Qualified Importer Program
The FSMA allows for a VQIP to provide expedited review and importation to participants that import from certified foreign facilities. The following are trade suggestions on FDA implementation of this program:
Should Closely Coordinate with CBP, Synchronize with C-TPAT, Etc.
Many comments stated that in order to facilitate implementation and enhance consistency, FDA should closely coordinate with the trade and U.S. Customs and Border Protection (CBP) when developing this program. Several also asked FDA to explain to the trade community how the VQIP program would relate to other agency security or admissibility programs, including CBP's Certified Importer Program (CIP), now under development with FDA participation. They also suggested synchronization with CBP’s Customs -Trade Partnership Against Terrorism (C-TPAT) program.
Must Offer Real Benefits to Trade
One comment states that the success of any voluntary program depends on the benefits provided by the government -- principally the expedited processing of imported shipments to increase business certainty, which it says is lacking in the current entry system for FDA-regulated products. Another noted that there is a general perception among the trade that these programs do not offer enough tangible benefits.
FDA Should Determine Whether Customs Brokers, Forwarders Can Join VQIP
One commenter questioned whether FDA would allow customs brokers or freight forwarders to join the VQIP in cases in which there is no U.S. owner or consignee.
Fees Should Only Cover Costs
They note that fees from the VQIP program are not intended to be revenue raising and should only be used for cost recovery.
(See ITT’s Online Archives or 03/31/11 news, 11033124, for BP summary of FDA seeking the trade’s advice and certain importer comments at a March 29, 2011 public meeting on the FSMA import provisions.
See ITT’s Online Archives or 05/02/11 news, 11050223, for BP summary of NCBFAA stating that brokers should not be responsible for FSMA food safety.)