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Reminder FDA Has Also Extended the Comment Period for the FDA-CBP Joint Plan, Questions on Prior Notice of Imported Food

On May 18, 2004, the Food and Drug Administration (FDA) issued a notice announcing that it is extending until July 13, 2004 the comment period regarding all aspects of its interim final rule on prior notice of imported food shipments.

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(See ITT's Online Archives or 05/18/04 news, 04051805 for BP summary of the FDA's extension of comment period on all aspects of interim final rule on prior notice.)

As part of this extended comment period, the notice and FDA sources state that the comment period is also extended regarding (1) the "Joint FDA-U.S. Customs and Border Protection Plan for Increasing Integration and Assessing the Coordination of Prior Notice Timeframes" (FDA-CBP Joint Plan); and (2) questions posed by FDA in its previous comment period extension notice regarding the Customs-Trade Partnership Against Terrorism (C-TPAT) and the Free and Secure Trade (FAST) programs and other flexible alternatives for the submission of prior notice.

FDA sources confirm that the target date for issuing the final rule on prior notice of imported food is still March 2005, and that the interim final rule, the FDA-CBP Joint Plan, and the specific questions posed by FDA on C-TPAT/FAST and other flexible alternatives all address, in various ways, the issue of prior notice timeframes. Moreover, FDA sources add that the FDA-CBP Joint Plan is not currently expected to be issued as a separate document, but to be reflected in the final rule on prior notice of imported food.

(On October 10, 2003, FDA published an interim final rule requiring the submission to FDA of prior notice of food, including animal feed, that is imported or offered for import into the U.S. On April 14, 2004, the FDA reopened the comment period until May 14, 2004 on all aspects of its interim final rule. See ITT's Online Archives or 04/14/04 news, 04041410, for BP summary of the FDA's reopening of the comment period.)

- written or electronic comments due by July 13, 2004

FDA notice (FR Pub 05/18/04, D/N 2002N-0278) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11247.pdf.