. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/303
18 July 2000
(00-2959)
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:  Food and Drug Administration
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers may be provided in addition, where applicable).
Regions or countries likely to be affected, to the extent relevant or practicable:
Importation of Grade A Dairy Products
4. Title and number of pages of the notified document:  Final Guidance: Importation of
Pasteurized Milk Ordinance (PMO) Defined Dairy Products (M -I-00-4); Availability (3 pages
plus guidance document).
5. Description of content: The Food and Drug Administration (FDA) is announcing the
availability of a final guidance document entitled "Importation of PMO Defined Dairy
Products (M-I-00-4)".  This guidance provides information that States can use to respond toinquiries regarding the importation of "Grade A"  dairy products from other countries.  FDA is
the Federal agency with responsibility under th e Federal Food, Drug, and Cosmetic Act for the
safety of the United States' dairy products. In th e case of those dairy products regulated by the
States under the Grade "A" milk safety program, one way FDA has chosen to fulfill this
charge is by providing technical assistance to State regulators under the authority of various
sections of the US Public Health Service Act.  The National Conference on Interstate Milk
Shipments (NCIMS) is a voluntary coalition of regulators from US States and one UScommonwealth. These regulators have banded together in this organization to ensure the
safety of Grade "A" milk and milk products shipped in interstate commerce and to minimize
duplicate regulatory restrictions on these products if they are produced according to this
group's stringent public health standards.  As the need arises, FDA provides information to the
States in the NCIMS and others interested in production and processing of Grade "A" milk and
milk products.  This guidance document is being provided to transmit an FDA opinion. This
opinion clarifies that the food protective measures provided under the NCIMS system are an
important part of the United States' appropriate level of protection for Grade "A" dairy
products.  This guidance also describes three options that both FDA and the NCIMS have
accepted to ensure that the public health effect of these food protective measures is notcircumvented when these dairy products are imported.  An alternative approach may be used if
such approach satisfies the requirements of the applicable statute, regulation or both.
6. 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           G/SPS/N/USA/303
Page 2
7. An international standard, guideline or recommendation does not exist [  X ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:
8. Relevant documents and language(s) in which these are available: 65 FR 39912,
28 June 2000 (Available in English)
9. Proposed date of adoption:  As of date of this Federal Register notice.
10. Proposed date of entry into force:  As of date of this Federal Register notice.
11. Final date for comments:  Submit written or electronic comments at any time.
Agency or authority designated to handle comments:  Food and Drug Administration
[    ] National notification authority, [     ] National enquiry point, or address, fax number
and E-mail address (if available) of other body:  Detailed instruction on where and how to
send comments is in the body of the full text - which will be sent upon request to the address in
paragraph 12.
12. Texts available from: [  X ] National notification authority, [  X ] National enquiry point or
address, fax number and E-mail address (if available) of other body:
United States SPS Enquiry Point/Notification Authority
USDA/FAS/FSTSD
Attn: Carolyn F. Wilson
Room 5545 South Agriculture Building
Stop 10271400 Independence Avenue, S.W.
Washington, D.C. 20250
Phone (202) 720-2239
Fax (202) 690-0677
E-mail Address: ofsts@fas.usda.gov