ANNOUNCED AS TEMPORARYNo
Import-related non-tariff measure, nes
The U.S. Food and Drug Administration was scheduled to put new reinspection user fees for domestic and imported products into effect on October 1, 2011, as authorized in the Food Safety Modernization Act, but has decided to delay them. Under the law, the agency was authorized to assess and collect the fees from, among others,
(1)the responsible party for each domestic facility and the US agent for each foreign facility subject to a reinspection to cover reinspection-related costs;
(2)the responsible party for a domestic facility and an importer who does not comply with a recall order issued under section 423 or 412(f) of the FD&C Act, to cover food recall activities associated with such order performed by FDA; and
(3)each importer subject to a reinspection, to cover reinspection-related costs.
The FDA had on August 1, 2011 published the fee rates for Fiscal Year 2012 for domestic and foreign facility reinspections, recall orders, and importer reinspections. The agency has not announced a new deadline for imposing the fees. In a later posting to its website it observed that, "The agency is still evaluating comments received in response to the August 1, 2011 Federal Register notice establishing fee rates for Fiscal Year 2012 ... Recognizing the particular complexities involved in these issues, FDA is not in a position to assess import reinspection fees until the agency has resolved these issues and the agency notifies the public."
The American Council of Independent Laboratories, Association of Food Industries and Cheese Importers Association of America filed a petition urging the FDA to abandon the fees, arguing that they are illegal.
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