Date: Tuesday, May 11, 2004

Re:	BIOTERRORISM ACT OF 2002 REMINDER FDA to Begin Prior Notification Enforcement Measures May 13, 2004

Dear NASA Member:

Please be reminded the FDA will begin enforcement phase of its prior notification rule May 13, 2004. Prior notification (PN) requires all cargo interests, or their agent, to submit prior notice of their food shipments to FDA's web portal no later than eight hours before entering the U.S.

PN is applicable to all FDA designated food commodities discharged at U.S. ports for:
    1. Delivery in the U.S.
    2. Transportation Overland (T&E) for:
        • Canada or Mexico final delivery.
        • Another U.S. port for loading to a foreign country.

PN is also applicable to all FDA designated food commodities originating in a foreign country and passing through the U.S. for loading at a U.S. port.

FDA enforcement measures for non-compliance may include delays to cargo release and civil monetary penalties.

Please note:

• PN may be sent by anyone who has full knowledge of shipment details.
• In the event of a cargo "hold" it will be the responsibility of the cargo interests to contact the FDA at the port of discharge and satisfy the FDA's requirements to trigger a release.

The FDA has provided the following website offering an overview of the Bioterrorism Act of 2002 regulation: http://www.fda.gov. Please refer to this site for information and guidance.

Regards,

Judy Mannix
Administrator