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Tag Archives: FDA

Join FDA in Miami to Discuss Major FSMA Proposed Rules

Posted in FDA Issues, Food, FSMA, Import

The U.S. Food and Drug Administration (FDA) announced it will hold two additional public meetings on the Food Safety Modernization Act (FSMA) Proposed Rules on Foreign Supplier Verification Programs (FSVP) and the Accreditation of Third-Party Auditors/Certification Bodies. The next two meetings are scheduled to be held in…

Miami CANCELLED by Government Shutdown – LA WILL Go On – FDA to Discuss Major FSMA Proposed Rules

Posted in FDA Issues, Food, FSMA, Import

The U.S. Food and Drug Administration (FDA) announced it will hold two additional public meetings on the Food Safety Modernization Act (FSMA) Proposed Rules on Foreign Supplier Verification Programs (FSVP) and the Accreditation of Third-Party Auditors/Certification Bodies. The next two meetings are scheduled to be held in…

FDA Discusses TOP Reasons for Detention of Goods

Posted in Best Practices, Cosmetics, FDA Issues, Food, FSMA, Import, Import Alert, Medical Devices

At today’s Import Operations Training, sponsored by the U.S. Food and Drug Administration (FDA) and the Florida Customs Brokers and Forwarders Association (FCBF), top officials from FDA traveled to Miami to educate importers and brokers. Topics ranged from a general overview of FDA compliance, TOP rationales for FDA detentions, Food Safety and Modernization Act (FSMA) updates, an overview of the newly re-organized (now DIO) Division of Import Operations (formerly DIOP – policy has now been removed), an overview of CBP & FDA’s Joint Team 488 – which handles liquidated damages claims for underlying FDA violations and much more. Highlights of the TOP rationale for detentions follows…

FDA’s Busy Implementing FSMA – Significant New Food Safety Rules are Coming

Posted in FDA Issues, Food, FSMA, Import

Do you manufacture, process, pack or hold human food? If so, you need to keep up with the Food Safety Modernization Act (FSMA). The FDA has proposed a new rule issued under the FSMA that is part of a broader effort to prevent food borne illness and ensure the safety of imported and domestically produced foods. Here’s a recap of the proposed rule and your chance to comment to the FDA.

You have until May 16, 2013 to submit your comments to the FDA on the proposed rule.

On February 1, 2013 Many Food Facilities Face Suspension

Posted in FDA Issues, Food, FSMA

Are you a company that manufactures/processes, packs, or holds food, alcoholic beverages, and/or dietary supplements for consumption in the U.S.? If so, have you re-registered your food facility with the U.S. Food and Drug Administration (FDA)? FDA extended the deadline for the biennial registration renewal for food facilities until January 31, 2013. Your time is almost up to re-register! If your not re-registered, enforcement will begin on February 1, 2013. FDA will cancel your Bioterrorism Act registration and your importations will be significantly delayed. Your facility will NOT be able to import, distribute or sell food products in the U.S.

FDA Extends Until January 31 for Food Facilities to Re-Register

Posted in Food, FSMA

Are you a manufacturer, processor, packer or holder of food products? If you are, or know someone who is, you need to keep up with the latest and greatest updates regarding compliance with the FDA’s Food Safety Modernization Act (FSMA). This post includes a background on FSMA, an update from FDA with 2 new guidance documents, FDA’s extension to file biennial registrations, and an update on FDA using its enforcement power to suspend a facilities registration – meaning they can NOT import into the U.S.

Don’t Let Your Bioterrorism Act Registration Lapse

Posted in Food, FSMA, Import

The Food Safety Modernization Act of 2011 (FSMA) has for the first time, specifically put the onus on importers to have a program in place to verify that the food products they are bringing into this country are safe. The idea behind FSMA is to change FDA regulatory enforcement and focus to more of a preventative approach, instead of reactionary. These new requirements include risk-based controls, foreign supplier verification program, certification, and audits. Among the requirements are new rules for Bioterrorism Act registrations. Read on to make sure your registration isn’t cancelled unnecessarily.

Jennifer Diaz Opens Medical Device Seminars at FIME

Posted in Medical Devices, Speaking

The worldwide medical community is converging on Miami Beach for the largest and most comprehensive trade show in the United States, featuring medical manufacturers from all over the globe. Attorney Jen Diaz will be presenting the first seminar “How to Effectively Resolve Typical U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) Issues for Medical Devices” at the FIME Show at 10:00 AM on Wednesday, August 8, 2012.

TTB Issues Interim Policy for Labeling Gluten-Free Spirits

Posted in Food

On May 24, 2012, U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an Interim Policy on Gluten Content Statements in the Labeling and Advertising of Wines, Distilled Spirits, and Malt Beverages (TTB Ruling 2012-2). Currently, there is no Food and Drug Administration (FDA) regulation that defines the term “gluten-free,” but, it’s good to see that’s not stopping TTB from moving forward.

Don’t Fry Day: FDA Delays Enforcement of Sunscreen Requirements

Posted in FDA Issues

This Friday, May 25, 2012 is officially designated as Don’t Fry Day by the National Council on Skin Cancer Prevention. With more than 2 million Americans developing skin cancer each year, the FDA decided that it doesn’t want you to fry either. On June 18, 2012 the FDA’s new labeling and effectiveness testing requirements for sunscreen products were scheduled to become effective. The newly-required testing and label statements for sunscreen aimed to help consumers be better-informed and better-protected when having fun in the sun. But on Friday, May 11, 2012, the FDA announced it will not force sunscreen manufactures to change their labels by June due to risk of shortages this summer. Manufactures received a six-month extension to comply with the changes and now have until December 2012. Smaller manufactures (with annual sales of $25,000 or less) received a compliance extension until December 2013.

Read on to learn of the major changes you should see as a result of the new requirements.

2012 International Boston Seafood Show

Posted in Food, FSMA

The annual International Boston Seafood Show is today and tomorrow at the Boston Convention Center. The Show attracts 19,000 visitors, and is the largest seafood show in North America. See www.bostonseafood.com. I am again lecturing on the Food Safety and Compliance Track with emphasis on the implementation of the Food Safety Modernization Act of 2011: What every food importer and customs broker needs to know – now.

FDA Administrative Detention of Food… What can you do?

Posted in Food, FSMA

Just a few weeks ago, FDA investigators ordered an administrative detention of a Maine company’s cold-smoked salmon product, a ready-to-eat food, during an inspection. Once the food was detained, Mill Stream Corp. agreed to voluntarily destroy the cold-smoked salmon, under FDA supervision, after inspectors found Listeria monocytogenes within the company’s facility and on its processing equipment.

Recent FDA Developments Handbook

Posted in FDA Issues, Food

I authored “Recent Developments in Food and Drug Law, 2012 Edition” which was just published by Thomas Reuters. It is part of a series called “Inside the Minds” written by attorney thought-leaders in food and drug law from the top law firms across the United States. It analyzes the latest food and drug laws, regulations and policies that affect food and drug companies. It also focuses on violations by persons and companies, and how to successfully defend any investigation by the U.S. Food and Drug Administration (FDA) without having to go to court.

Food Import Workshop in Miami on September 7

Posted in FDA Issues, Food, Import

The annual seminar “Practical Tools for Trade in the Food Industry” takes place at the Miami Seaport on September 7, 2011 from 8:30 a.m. to 12:30 p.m. Sponsored by the Miami-Dade County Office of Economic Development & International Trade, and supported by the Port of Miami, this year we will again focus on what importers need to know about both U.S. Customs and Border Protection and U.S. Food and Drug Administration requirements. There will be special emphasis on the new Food Safety Modernization Act of 2011.

Reconditioning Imported Food Refused by the FDA

Posted in FDA Issues, Food

The U.S. Food and Drug Administration is increasingly stopping and examining imported shipments of food attempting to enter the United States. Often, the FDA does not allow the food to enter the United States by declaring it to be misbranded or adulterated. Typically, refused food is then either destroyed or exported from the United States. There is another option called “reconditioning”.

International Boston Seafood Show – LIVE!

Posted in Events, FDA Issues, Food, Import Alert, U.S.Customs

I am at the final day of the annual International Boston Seafood Show held at the Boston Convention Center. With record attendance and a record number of exhibitors filling the convention center floor with extravagant booths overflowing with shrimp, fish, crab, lobster, and other seafood delectables from all over the world, the Show is a success. After all, this is the largest seafood show in North and South America.

Seafood Fraud

Posted in FDA Issues, Food

In 2010, Americans consumed almost 6 billions pounds of seafood. The U.S. Food and Drug Administration (FDA) is responsible for ensuring that the nation’s food supply, including seafood, is safe, wholesome, and properly labeled. That is a tough task considering 80% of the seafood we eat is imported from countries all over the world. Unfortunately, the reality is that seafood fraud is common. Moreover, it can have not only economic, but food safety, consequences.

Seminars – Importing Food Into the United States

Posted in Food

The Customs and International Trade Department of the law firm of Becker & Poliakoff regularly holds workshops. Attendees learn the most recent information regarding compliance with the import and export requirements of the various Federal agencies of the United States Government. Our next workshops will focus on one of my favorite subjects, FOOD, and take place in both Miami and Ft. Lauderdale, Florida.

Food Facility Registration Mandatory With The U.S. FDA

Posted in FDA Issues, Food

On December 12, 2003, the U.S. Food and Drug Administration (FDA) implemented the Bioterrorism Act of 2002. That Act basically required that companies shipping food to the United States must first be registered with the FDA, and that importers of food must provide “prior notice” to the FDA of any particular shipment before it physically arrives in the United States. Over the past 7 years, has the Bioterrorism Act lived up to its expectations to protect the American consumer from eating dangeously contaminated food?