April 28, 2020

Import Alerts on Foods, Drugs, and Medical Devices That May be Detained

Import Alerts on Foods, Drugs, and Medical Devices That May be Detained
Wednesday, April 29, 2020
Sandler, Travis & Rosenberg Trade Report

Food and Drug Administration import alerts on the following have been modified in the past week.
– products from firms refusing FDA foreign establishment inspection
– animal feeds and feed ingredients that may contain ingredients of animal origin
– foods containing illegal and/or undeclared colors
– seafood products
– all milk products, milk-derived ingredients, and milk containing finished food products from China
– low-acid canned foods and acidified foods without filed scheduled processes

For more information on import alerts and other FDA issues, please contact FDA consultant Domenic Veneziano at (202) 734-3939.
Importers of FDA-regulated goods are responsible for ensuring that such imports are in compliance with FDA laws and regulations. Before shipping into the U.S., importers should be aware of whether or not their product is listed on an import alert.
Import alerts inform FDA field staff that the agency has enough evidence or other information to allow a product that appears to be in violation of FDA laws and regulations to be detained without physical examination at the time of entry. Import alerts may cover products from designated countries or areas (including from all foreign countries), manufacturers, or shippers.

Firms and/or products on the “red list” of an import alert are subject to DWPE, while firms and/or products on the “green list” are not because they have met the criteria for exclusion. Some import alerts include a “yellow list” of firms, products, and/or countries subject to intensified surveillance because the nature of the violations may warrant further field examinations of individual entries and/or additional analyses. In addition, depending on the specific import alert, shipments of products subject to DWPE may still be imported into the U.S. if the importer has demonstrated that the shipment is in compliance.
If a product is detained without physical examination the importer has the right to provide evidence to the FDA in an attempt to overcome the appearance of the violation. If no such evidence is submitted, or if the evidence provided is insufficient, the product will be subject to refusal of entry into the U.S.