FSIS Electronic Submission Proposal Includes Tougher Enforcement of Cert. Reqs., Enforcement Cooperation w/ CBP

The Food Safety and Inspection Service’s Nov. 27 proposed rule to amend import inspection regulations for meat, poultry, and egg products would allow for electronic submission of import inspection applications, foreign inspection certificates, and foreign establishment certificates through the Public Health Information System (PHIS) Import Component. But FSIS is proposing other changes that will affect importers. The agency is more strictly defining the time frame for prior notification of imported products, ceasing to accept foreign inspection certificate replacement guarantees for entry into the U.S. when the certificate has been lost or contains errors, and said it will work with CBP to monitor “failures to present” for import reinspection. Comments on the proposed rule are due Jan. 28.

(Launched earlier this year, PHIS allows for transfer of electronic elements from the Automated Commercial Environment to FSIS, as well as government-to-government electronic transmission of inspection certificate data as an alternative to paper certification. Full implementation of PHIS is awaiting CBP incorporation of certain FSIS-specific elements into the PGA Message Set of ACE Automated Broker Interface Customs and Trade Automated Interface Requirements (CATAIR). (See ITT’s Online Archives 12043006 for summary of an April 2012 letter to importers about the import component of PHIS. See also ITT’s Online Archives 12062029 for summary of a June announcement by CBP that it will invite members to participate in a PGA pilot this fall with FSIS.)

Proposal Requires Import Inspection Applications Before Entry w/ CBP

FSIS’ proposal would amend the imported product inspection application regulations to require that importers submit FSIS Form 9540-1 (Import Inspection Application), by paper or electronically, to import inspection personnel for the inspection of any product offered for entry into the U.S. The revised form will also be allowed for use with egg products, FSIS said. FSIS currently requires notice “as long in advance as possible” for all shipments, but the proposed rule would clarify this requirement to say that importers just submit electronic or paper import inspection applications to FSIS in advance of the shipment’s arrival but no later than when the entry is filed with CBP.

The proposed rule would also allow for electronic submission of annual foreign establishment certifications and imported product foreign inspection certificates, both with amended information requirements. For example, the meat and poultry products foreign inspection certificate’s narrative statement would no longer be required, and further information on the foreign establishment’s operations would be required on the foreign establishment certification. See the proposed rule for more details.

FSIS Will No Longer Accept Foreign Inspection Certificate Guarantees

FSIS also said it intends to end two practices involving entry of meat, poultry, and egg products. Once FSIS’s proposed rule is finalized, the agency will no longer accept guarantees from foreign governments to replace foreign inspection certificates when these certificates are lost in transit or contain errors, it said. Currently, FSIS will allow products to enter into U.S. commerce after receiving the guarantee within 30 days of the importer’s request, before receipt of the actual certificate. However, FSIS said these certificates can now be easily replaced within a short timeframe, obviating the need for the policy. The replacement certificates can be sent to FSIS in .pdf documents by email, by an expedited mail service, or electronically through PHIS, the agency said.

Agency will use PHIS to Closely Monitor Failures to Present for Inspection

FSIS also said it will increase its coordination with CBP to monitor and punish “failures to present” (FTP), where imported product destined for FSIS import reinspection bypasses reinspection and enters commerce. Such product are sometimes further processed into other products or be offered for sale to the consumer, FSIS said.

Through PHIS, FSIS will be able to more effectively monitor the movement of imported meat, poultry and egg products. So when a shipment has been identified as FTP, FSIS will request, through CBP, a re-delivery and appropriate penalties, it said. If FSIS finds FTP product in distribution channels, it will control the product (for example, by retaining or detaining the product), or request a recall. If FSIS finds FTP product in an official establishment that is being used in further processed product, FSIS will condemn the FTP product and any product containing it. FTP product contained intact in the original cartons from the foreign country can return to an official import inspection establishment, where import inspection personnel will stamp the product as “refused entry,” FSIS said.