Importing Food into the U.S: FDA Issues that Damage Food Importers

Why Should You Attend:

You should attend in order to avoid having your imported shipments detained and refused admission into the U.S. A refused shipment must either be destroyed or exported under the supervision of U.S. Customs and Border Protection (CBP) and FDA within 90 days of the date of an FDA Refusal Notice. Refused shipments result in the loss of customers, sales, revenues and reputations as well as costly fines and penalties. Under the FSMA, there will be many, many more refusals than in the past.

Learning Objectives:

The FSMA is transforming the nation’s food safety system by shifting the focus from responding to foodborne illness to preventing it. Congress enacted FSMA in response to dramatic changes in the global food system and in our understanding of foodborne illness and its consequences, including the realization that preventable foodborne illness is both a significant public health problem and a threat to the economic well-being of the food system.

The FDA has finalized major rules to implement FSMA, recognizing that ensuring the safety of the food supply is a shared responsibility among many different points in the global supply chain for both human and animal food. The FSMA rules are designed to make clear specific actions that must be taken at each of these points to prevent contamination.

You will learn about the major rules of the all-important FSMA.

Areas Covered in the Webinar:

• History of the FDA and Food Legislation
• The FSMA and Coverage of Food Products
• Globalization and Food Safety
• Roles Played by CBP and FDA
• PREDICT, OASIS, ITAC and Entry Reviews
• Food Labeling Requirements
• Food Facility Registrations
• Prior Notice of Imported Foods
• Common Reasons for Refusals
• Safety Verifications
• Certifications
• Preventing Problems

Who Will Benefit:

Importers, exporters, inspectors, customs officers, customs brokers, insurance companies, surety companies, pharmaceutical, food stores, financial companies, banks, transportation providers (rail, air, ocean, trucking), legal, paralegals, food facilities, food manufacturers, beverage manufacturers, food facilities, food packers, food transporters, food retailers, foreign trade zone operators, food testing laboratories, food testing facilities, food technicians, accountants, CPAs, financial advisors, international trade consultants, federal and state and local government contractors, warehouse operators, sales departments, customer service departments.

Martin Behr
Partner, Law Office of Martin K Behr

Martin is a customs and international trade lawyer admitted to practice in New Jersey, New York and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade. Martin received a Bachelor of Arts degree from Rutgers University, a Master of Public Administration degree from Fairleigh Dickinson University, and a law degree from Rutgers School of Law - Newark. He is also a licensed U.S. Customs Broker, one who worked in the industry for several years.

Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land, air, and sea ports of entry. While with U.S. Customs at the Port of New York/Newark, he was a member of the agency's export control branch.

Martin is also a former special agent with the U.S. Department of Defense, assistant prosecutor with the Office of the Hudson County (NJ) Prosecutor, and executive with a global FMC-licensed Ocean Transportation Intermediary.

An instructor with City University of New York's Baruch College, Martin teaches international trade courses (import, export, logistics, business and law). Martin was also an adjunct professor with Fashion Institute of Technology and Pace University. In addition to his legal practice, Law Office of Martin K. Behr (www.behrlaw.com), he is of counsel to GRVR Attorneys LLC, a customs and international trade law group headquartered in Dallas, TX (www.exportimportlaw.com).

Topic Background:

Under provisions of the U.S. law contained in the U.S. Federal Food, Drug and Cosmetic Act, importers of food products intended for introduction into U.S. interstate commerce are responsible for ensuring that the products are safe, sanitary, and labeled according to U.S. requirements. (All imported food is considered to be interstate commerce.)

The U.S. Food and Drug Administration (FDA) is not authorized under the law to approve, certify, license, or otherwise sanction individual food importers, products, labels, or shipments. Importers can import foods into the United States without prior sanction by FDA, as long as the facilities that produce, store, or otherwise handle the products are registered with FDA, and prior notice of incoming shipments is provided to FDA.

Imported food products are subject to FDA inspection when offered for import at U.S. ports of entry. FDA may detain shipments of products offered for import if the shipments are found not to be in compliance with U.S. requirements. Both imported and domestically-produced foods must meet the same legal requirements in the United States.

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