Anonymous - Comment

I am writing to support, with reservations, the proposed rule to require labels stating UNITED STATES: REFUSED ENTRY' for all foods regulated by the FDA that have been refused admission into the United States. I would like to commend the FDA for finally taking action on a regulation that should have taken effect in 2001. In light of the recent food safety threats involving China and Mexico, it is obvious that a measure to tighten the country’s control on food imports is necessary. I understand that FDA has decided against the idea of the label explaining the reasons for refusing to admit the food into the United States because of issues concerning legibility and need for multiple labels. I would like to suggest an alternative that would allow the label ``clearly and conspicuously” states the reason for refused entry. Instead of using words, I suggest devising universal codes that represent the reasons why the food product was rejected (similar to the one that represents country of origin), and the code could be stamped on the label or container. In response to the invitation to comment on the definition of ``conspicuous,'' in the final regulatory requirement, I suggest that labels be placed on all surfaces of the container so there cannot be any disagreement as to which part of the container is more “conspicuous” than others. Although such a measure might sound time consuming or troublesome, it could act effectively as a deterrent to importers attempting to violate this rule and reintroduce refused goods in two ways: (1) It will be harder for the importers to remove or conceal these labels since they are fixed on multiple surfaces (2) Importers will not want to go through such a troublesome process (they may not take it as seriously if the process were simpler) I also would advise that the affixing of all labels be done under FDA supervision and any costs incurred to be the responsibility of the importer. Finally, my main concern regarding this rule is that the label will merely be effective as a temporary measure, acting as a “band aid” that masks the many underlying loopholes that still exist in the regulation of the safety of food imports. An overhaul of how we regulate and inspect food imports as suggested in the Senate Bill S 3385 FDA Food Safety Modernization Act 2008, for example foreign supplier verification programs, a voluntary qualified importer program; and inspection of foreign facilities registered to import food are still highly warranted and recommended.