. /. WORLD TRADE  
ORGANIZATION   
G/SPS/N/USA/906 
5 May 2004 
 (04-2010) 
Committee on Sanitary and Phytosanitary Measures Original:   English 
  
 
NOTIFICATION  
 
1. Member to Agreement notifying:   UNITED STATES 
If applicable, name of local government involved: 
2. Agency responsible:   US Food and Drug Administration (FDA) 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):  Food for human and animal consumption in the United States, except for meat, 
poultry and egg products that are exclusivel y regulated by the U.S. Department of 
Agriculture 
4. Regions or countries likely to be affected, to the extent relevant or practicable:  United 
States trading partners 
5. Title, language and number of pages of the notified document:   Requirements Pertaining 
to Sampling Services and Private Laboratories  Used in Connection with Imported Food; 
Proposed rule (available in English, 14 pages). 
6. Description of content:  The proposed rule would establ ish new requirements for persons 
who use sampling services and private laborator ies in connection with imported food and an 
FDA enforcement action, as well as the sampling services and private laboratories 
themselves.  The proposal would require samples to be properly identified, collected, and 
maintained.  It would also re quire private laborat ories to use validated or recognized 
analytical methods and to submit analytical results directly to FDA.  Persons using a 
sampling service or a private laboratory in connection with an imported food and an FDA 
enforcement action would be required to notify FDA.   
7. Objective and rationale:  [ X ] food safety, [   ] animal health, [   ] plant protection, 
[  ] protect humans from animal/plant pest or disease,  [   ]  protect territory from other 
damage from pests 
8. International standard, guideline or recommendation:  
[   ] Codex Alimentarius Commission, [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention, [ X ] None  
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:  
9. Relevant documents and language(s) in which these are available:  Publication in the  
Federal Register, 69 Fed. Reg. 23460 (29 April 2004) ; available in English.  Also available 
via the internet at:  http://www.fda.gov/OHRM s/DOCKETS/98fr//04-9699.pdf  
10. Proposed date of adoption:   Underdetermined. G/SPS/N/USA/906 
Page 2  
 
 11. Proposed date of entry into force:   29 April 2004 
12. Final date for comments:  28 July 2004 
Agency or authority designated to handle comments:  [   ] National notification 
authority, [ X ] National enquiry point, or  address, fax number and E-mail address (if 
available) of other body:    
Submit written comments on the document to the Dockets Management Branch (HFA-
305), Food and Drug Administration, 5630 Fish ers Lane, rm. 1061, Rockville, MD 20852, 
United States of America.  It is possible to submit electronic comments to:   
http://www.fda.gov/dockets/ecomments .  Submit comments by indicating DOCKET 
Number 2002N-0085 and Title of documen t: Requirements Pertaining to Sampling 
Services and Private Laboratories Used  in Connection with Imported Food. 
13. Texts available from:  [   ] National notificati on authority, [ X ] National enquiry point, 
or address, fax number and E-mail address (if available) of other body: 
U.S. Enquiry Point, U.S. Department of Agriculture, Stop 1027, Washington, DC  20250.  
Tel:  (202) 720-0677 
fstsd@usda.gov .  Complete text can be also be found on the Internet 
http://www.accessdata.fda.gov/scripts/oc/ohrms/index.cfm  by looking under DOCKET 
No. 2002N-0085.