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FDA to Enforce PN Data on "Other Countries Refusing Food" Starting Sept 6

The Food and Drug Administration has announced that the discretionary enforcement period of its May 2011 interim final rule requiring an additional element of information in a prior notice (PN) of imported food is ending. Therefore, starting September 6, 2011, a person submitting prior notice of imported food, including food for animals, must report this new element - the name of any country to which the article has been refused entry.

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Enforcement Had Been Delayed from July 3 Due to Programming Issues

The interim final rule on the new PN element, which is a requirement of the Food Safety Modernization Act (FSMA), took effect July 3, 2011. However, FDA had delayed enforcement due to programming issues.

(See ITT’s Online Archives or 05/05/11 news, 11050516, for BP summary of the interim final rule establishing the new PN element on other countries refusing food.

See ITT’s Online Archives or 08/15/11 news, 11081502, for BP summary of the delay in enforcement from July 3, 2011 to September 6, 2011.)

See ITT’s Online Archives or 08/15/11 news, 11081503, for BP summary of U.S. Customs and Border Protection issuing a CSMS message on FDA deployment of affirmation of compliance (AofC) codes for the new PN element.)