. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/704
14 May 2003
(03-2580)
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:  U.S. Food and Drug Administration - FDA
3. Products covered (provide tariff item number(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:
Trading partners who import food into the Unit ed States.  While the authority covers both
domestic and imported foods, FDA envisions that the authority will be used primarily for
foods in domestic commerce.
5. Title, language and number of pages of the notified document :  Administrative Detention
of Food for Human or Animal Consumption Under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (30 pages; available in English).
6. Description of content:   The U.S. Food and Drug Admi nistration (FDA) has issued a
proposed rule that provides procedures for the de tention of an article of food, if an officer or
qualified employee of FDA has credible evidence or information indicating that such article
presents a threat of serious adverse health cons equences or death to humans or animals.  The
final version of the regulation would implement section 303 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, which authorizes the use of
administrative detentions and requires regulations establishing procedures for instituting onan expedited basis certain enforcement actions ag ainst perishable foods subject to a detention
order.  Administrative detention is one of severa l tools that will enable FDA to act quickly in
responding to a threatened or actual bioterrori st attack on the US food supply by giving FDA
the authority to detain food that presents a threat of serious adverse health consequences or
death to humans or animals.  Such food may be detained for up to thirty  days to enable FDA
to institute a judicial seizure action or inj unction proceeding. Followi ng publication of the
proposed rule, FDA will provide for a 60 day comment period.  FDA will consider these
comments as it develops the final rule, which will explain the final administrative detention
procedures.  FDA plans to issue the final rule by 12 December 2003.
7. Objective and rationale:  [  X ] food safety, [ X ] animal health, [   ] plant protection,
[ X ] protect humans from animal/plant pest or  disease,  [   ]  protect territory from
other damage from pestsG/SPS/N/USA/704
Page 2
8. International standard, gu ideline or recommendation:
[   ] Codex Alimentarius Commission, [   ] Office International des Epizooties,
[   ] International Plant Prot ection 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:  Notice of Proposed
Rulemaking in the Federal Register  (FR), 68  FR, No. 90, 25242-25271 (9 May 2003)
(available in English)
http://a257.g.akamaitech.net/7/257/2422/ 14mar20010800/edocket.access.gpo.gov/2003/pdf
/03-11459.pdf
10. Proposed date of adoption:   12 December 2003
11. Proposed date of entry into force:   12 December 2003
12. Final date for comments:  Submit written or electronic comments by 8 July 2003.
Agency or authority designated to handle comments:  [   ] National notification
authority, [   ] 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 Fishers Lane, rm. 1061, Rockville, MD
20852, U.S.A.  It is possible to submit electronic comments to:
http://www.fda.gov/dockets/ecomments.  Submit comments by indicating DOCKET
No. 02N-0275 and TITLE Administrative Detention of Food for Human or AnimalConsumption Under the Public Health Secu rity and Bioterrorism Preparedness and
Response Act of 2002.
13. Texts available from:  [   ] National notification authority,  [ X ]  National enquiry point,
or address, fax number and E-mail address (if available) of other body:
Mr. William Janis, U.S. Department of Agriculture, Stop 1027, Washington, DC  20250.
Tel (202) 720-9047, (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. 02N-0275 and at http://www.fda.gov/OHRMS/DOCKETS/98fr/03-
11459.pdf