The National Customs Brokers and Forwarders Association of America (NCBFAA) has notified us that the US Food and
Drug Administration has advised U.S. Customs and Border Protection that the Bioterrorism Act implementation scheduled for 1 November has been postponed until further notice. CBP will notify the trade when a new
implementation date has been determined.
Phase 5 deals with strict enforcement of the penalty provisions relating to prior notice violations. As of 13 August 2004, the FDA and CBP staff did not apply civil
monetary penalties to prior notice violations due to:
1. Registration number submitted for the manufacturing facility is inaccurate or invalid.
2. Registration number for the shipper isn't provided.
3. Airway Bill number or Bill of Lading number isn't provided or is invalid.
4. Name and address of ultimate consignee is inaccurate because it contains name and address of the express consignment operator
instead of ultimate consignee.
The FDA compliance policy guide for prior notice of imported food is available on their website.
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