Do FDA rules discriminate against imports? - The Packer

Do FDA rules discriminate against imports?

12/21/2011 07:04:00 AM
Tom Karst

 Do FDA rules discriminate against imports?

The Fresh Produce Association of the Americas submittted a thoughtful comment to the FDA on the issue of  "Food Safety Modernization Act: Domestic and Foreign Facility Reinspections, Recall, and Importer Reinspection User Fee Rates for Fiscal Year 2012."

Here is a point made in the document that contends proposed re-inspection fees constitute a trade barrier. From the FPAA and Lance Jungmeyer:

Furthermore, the proposed “import fees” fees for removal from “Detention Without Physical Examination/DWPE” may be viewed as trade barriers because they are not fees that are also assessed on domestic products. For imported produce, when a positive sample occurs, the product is put on DWPE (product removed from market and no longer allowed to be imported) and is not removed until there is a petition and a process, including “5 clean samples.” Under FSMA, FDA is proposing to charge $224/hour for the work of removal from DWPE, which will cost importers (or whatever entity requests the removal) potentially tens of thousands of dollars. 

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