Prior Notice of Imported Foods

Prior Notice Overview and Background

Nearly 20% of all imports into the U.S. are food and food products. In 2002 Congress passed the Bioterrorism Act as a part of its ongoing effort to combat terrorism - in this instance, by reducing the ability for international terrorists to carry out terrorist attacks in the U.S. by contaminating imported foods.

The Act requires that FDA receive prior notice before food is imported or offered for import into the United States. Advance notice of import shipments allows FDA, with the support of the Bureau of Customs and Border Protection (CBP), to target import inspections more effectively and help protect the nation's food supply against terrorist acts and other public health emergencies.

On October 9, 2003 the Department of Health and Human Services (HHS) issued two new FDA rules to enhance the security of the food supply (See press release.)

Under the prior notice regulation issued, prior notice must be provided for food products entering the United States beginning December 12, 2003. Prior notice can be provided in one of two ways:

• The Bureau of Customs and Border Protection (CBP, formerly the U.S. Customs Service) is modifying the Automated Broker Interface of the Automated Commercial System (ABI/ACS) to allow prior notice to be submitted to FDA through the existing interface between CBP and FDA.
• The Prior Notice System Interface (PNSI) is available to individuals or companies who cannot, or choose not to, file through CBP. PNSI submissions are expected to include prior notice for shipments through international mail; In-Bond entries or admissions into FTZ by carriers or others who do not need to make a full CBP entry at the time of filing the prior notice; filers or brokers who need to file CBP entries at a time the ACS/OASIS interface is not available, and others who simply prefer to use an interactive system.

Using PNSI: How to Submit a Prior Notice through FDA's Prior Notice System Interface (PNSI)