Latest PGA Regulatory Agendas List New Rules on FDA Prior Notice, USDA User Fees

Partner government agencies listed several new rulemakings in the spring 2022 Unified Agenda involving trade. FDA added new proposals on prior notice requirements and canned tuna standards, and indicated a final rule on traceability requirements for high risk foods is imminent. The CDC said it will propose changes to its dog import requirements, and USDA added a new proposed rule on its user fees.

FDA added for the first time to its regulatory agenda a new rulemaking that would amend prior notice requirements for importers. The proposed rule would require prior notice submitters to “provide the name of the mail service and mail tracking number for articles of food imported or offered for import by international mail,” the agenda said. It would also “create a timeframe for submitting post-refusal/hold submissions and, if such submissions are not submitted within the timeframe, to clarify FDA’s and CBP’s processes for having the food exported or destroyed per CBP general order merchandise requirements.”

Another newly listed FDA proposal would amend requirements for the canned tuna standard of identity. “This proposed rule, if finalized, will modernize and update this food standard in a number of technical ways and is in partial response to a citizen petition submitted by” Bumble Bee Foods, Star-Kist and Tri-Union Seafoods (better known as Chicken of the Sea). “We tentatively conclude that this action, if finalized, will promote honesty and fair dealing in the interest of consumers by revising an outdated standard of identity,” FDA said.

FDA’s regulatory agenda also says a final rule setting requirements for additional traceability records for high-risk foods is coming by year's end. The agency proposed the regulations in September 2020 (see 2009220041). According to the agenda, a consent decree issued in 2019 required that the agency issue the final regulations by Nov. 7, 2022.

A newly listed Centers for Disease Control and Prevention proposed rule would amend that agency’s regulations on the import of dogs from high-risk rabies countries, the agenda said. “The proposed rule will outline requirements regarding an importation system that will reduce fraud and improve the U.S. government’s ability to verify U.S. entry requirements and mitigate the introduction of dogs infected with rabies and other communicable diseases of public health concern. Importation requirements for cats will not change,” it said.

New rulemakings added for the first time to USDA’s regulatory agenda include proposed revisions to the Animal and Plant Health Inspection Service’s agriculture quarantine and inspection user fee regulations “to facilitate full cost recovery,” the agenda said. Fees would be updated with “more current operational data,” and would incorporate “recurring costs such as capital improvements and staffing needs,” USDA said. “Inflation would also be incorporated into our model,” and “other changes are also being contemplated,” it said.

Other newly listed APHIS rulemakings include proposed import requirements for live dogs from regions where African swine fever exists, as well as proposed regulations that would allow the importation of fresh beef from Paraguay.

Other newly listed regulations from PGAs include a proposal from the Fish and Wildlife Service to strengthen protections for the African elephant under Section 4(d) of the Endangered Species Act and “clarify the existing enhancement requirement during our evaluation of the application for a permit to import African elephant sport-hunted trophies,” the agenda said.

The Alcohol and Tax and Trade Bureau listed a new proposed rule revising its labeling regulations to recognize certain alcohol beverage products manufactured in Japan. “Consistent with a recent U.S. - Japan trade agreement, TTB is proposing for public comment changes that would recognize certain shochu and awamori product names as limited to products manufactured in Japan in accordance with the laws and regulations of Japan,” it said.

Finally, a newly listed EPA proposed rule would amend that agency’s regulations on ozone-depleting substances (ODS) to “reconcile and clarify definitions of existing requirements and update recordkeeping and reporting requirements to improve consistency,” the agenda said.