FDA, CPSC, & EPA Partner w/CBP on Food, Other Import Safety Issues

CBP Wants Private Sector Group to Advise New Interagency Council

According to the CBP official who moderated the session, CBP Commissioner Bersin has made clear that interagency coordination needs to be the rule, not the exception.

As part of this effort, the Border Interagency Executive Council was created in November 2010 to serve as an executive advisory board on interagency import issues. It will be composed of staff from CPSC, EPA, FDA, APHIS, ATF, FSIS, ICE, NHTS, and NMFS, with certain other associate agencies such as Treasury.

The Council’s goals are: (i) information sharing, including exploring the feasibility of sharing enforcement actions and administrative information, sharing information on companies in good or poor standing, etc.; (ii) document imaging; and (iii) partnership programs, including best practices in targeting and enforcement. In addition, Commissioner Bersin has suggested that a private sector committee be formed to advise this Council.

(See ITT’s Online Archives or 10/22/10 and 03/21/11 news, 10102210 and 11032123, for BP summaries of an October 2010 import agency meeting which led to the formation of the Council and Bersin proposing the establishment of a private sector committee to advise the Council.)

CBP Staff on FDA’s FSMA Working Groups, FDA Wants MOU for Investigators

The official from the FDA stated that it views CBP as key to its enforcement at the border, and therefore is working with the agency in the following ways:

Including CBP in FSMA implementation. It is including CBP staff in several of its working groups as it implements the Food Safety Modernization Act (FSMA). For example, FDA has invited CBP to help it develop practices and procedures for the FSMA’s Voluntary Qualified Importer program, which will provide trade benefits to qualified importers. It is also working to ensure that it can accept document images, which customs is pursuing and can be of great use for FSMA compliance.

MOU with CBP & others on investigations. FDA is developing an MOU with other safety agencies on appointing investigators to observe potential violations for other agency laws and regulations and for improved information sharing.

CTAC. FDA has also been involved in CBP’s Commercial Targeting and Analysis Center (CTAC) targeting, and this has helped in its investigation efforts.

CPSC Says Targeting with CBP, Working on Detention Notices both Successes

The CPSC official who spoke stated that from her perspective, one of the most positive outcomes of the Consumer Product Safety Improvement Act of 2008 (CPSIA) was that it forced CPSC to work more closely with CBP and to streamline efforts. She said that even just over last year, tremendous progress has been made through:

• Coordinated targeting at CTAC - CBP’s CTAC, a multi-agency center for targeting commercial shipments that pose a threat to health and safety. She says that through CTAC, there are now analysts from multiple agencies looking at common data, talking about enforcement strategies, considering what’s best for the trade, considering what’s best for consumers, and taking coordinated action. The official gave an example of an interagency coordinated effort on Easter baskets which, despite indications of problems, were targeted, screened, found compliant, and quickly released.

• CPSC detention notices making process faster. CPSC has found that having a direct line of communication with trade through the issuance of its own detention notices has really improved the speed of its admissibility determinations, and this came about through close cooperation with CBP.

• Increased staff at ports. The increased number of CPSC staff that are co-located with CBP at ports of entry have helped CPSC make admissibility decisions in a more timely manner.

• Risk assessment strategy, etc. CPSC has worked with CBP on developing a risk assessment strategy to focus CPSC efforts on the highest risk cargo. It has provided training to CBP officers on CPSC requirements. It is also working with CBP on the Importer Self Assessment pilot for consumer products, with both agencies continuing to invite members of the trade to participate.

(See ITT’s Online Archives or 04/27/10 news, 10042746, for BP summary of CBP and CPSC signing a MOU on the Import Safety CTAC. The MOU provides CPSC with access to CBP targeting tools at the CTAC, including the: Automated Targeting System (ATS), Automated Commercial System (ACS), Automated Commercial Environment (ACE), and Traveler Enforcement Compliance System (TECS). It also provides an avenue through which participating agency data systems’ access and targeting tools can be shared among present agencies.)

EPA Relies on CBP for Initial Targeting & Inspection, Coordinates Response

The EPA official who spoke stated that in its regulation of internal combustion engines, pesticides, ozone-depleting substances, and toxic chemicals, EPA generally relies on CBP to do the initial targeting of shipments. This targeting might be random, based on a history of noncompliance, or other factors. CBP also does the initial inspection and then contacts EPA if they think there is a violation.

As part of this process, CBP shares a lot of information with EPA, including the bill of lading, invoices, certificates, etc. EPA compares CBP’s data with information in its system and comes back with a recommendation to either: (i) release the product, (ii) seize and allow minor changes (like a minor label fix); or (iii) seizure.

To facilitate this process, EPA has been involved on pilot basis in CTAC and has found it very helpful, especially having direct access to ACE data.

(See ITT’s Online Archives or 04/11/11 news, 11041126, for BP summary of the ITDS Board reporting on progress with EPA and other PGAs.)

Room to Improve, But U.S. is WCO Benchmark for Interagency Coordination

The CBP official concluded that while there is room for improvement, he is pleased that the U.S. is used as the benchmark for interagency customs coordination within the World Customs Organization.