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The FDA's Prior Notice Requirement for Imports:

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Posted 08 June 2005 - 07:31 PM

The FDA's Prior Notice Requirement for Imports: Drawing the line between food and food contact substances

Packaginglaw.com Article

In the food packaging industry, certain materials that have "direct food additive" uses also may have properties that make them beneficial for use in the production of food contact articles. However, those materials can create problems for importers when attempting to comply with the U.S. Food and Drug Administration's (FDA's) Prior Notice requirement under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, now commonly known as the "Bioterrorism Act."

This article takes a closer look at FDA's Prior Notice requirement and highlights some of the issues that can arise when products are imported into the U.S. for use as food contact substances, but are also known to have uses in food. Unless the distinction is clearly made prior to import, as discussed below, the imported product may be held unduly at the port of entry. We also look at measures that can be taken to ensure that the line between food contact substances and food is properly drawn so that imported products that do not trigger the Prior Notice requirement may enter the U.S. without being improperly held at the port of entry.

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The FDA's Prior Notice Requirement for Imports: Drawing the line between food and food contact substances


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