U.S. FDA Places 16 Firms on Import Alert for Illegal Pesticide Residues on Processed Foods In 2010

On April 8, 2010, U.S. Food & Drug Administration (FDA) added sixteen (16) new firms to Import Alert #99-08, “Detention Without Physical Examination Of Processed Foods for Pesticides”. (IA 99-08). FDA has jurisdiction and enforcement power over most processed foods, whether foreign or domestic. FDA is now requiring these 16 foreign food processors to provide a valid certificate of analysis, showing that their products do not contain illegal residue of certain pesticides. According to Benjamin L. England, of FDAImports.com, LLC, regarding pesticide residues, “If the EPA [US Environmental Protection Agency] hasn’t established an acceptable tolerance level for a pesticide, it can’t be used. FDA’s Center for Food Safety & Applied Nutrition [CFSAN] will prevent the importation. Even those pesticides that are permitted can’t be found in excess concentrations. This is poison and FDA tightly regulates it. A brand can be severely damaged by simply being associated with pesticides. Getting off this alert is a must for any firm doing business in the U.S.”

Hundreds of companies from all over the world are presently listed on Import Alert #99-08, for shipping processed foods found to contain illegal pesticide residues. FDA has already rejected hundreds of shipments for this violation. Firms placed on IA 99-08 expose their shipments to Detention without Physical Examination (“DWPE”)—which means their products are automatically detained at the Port of Entry. In the alert, FDA indicates that all subsequent shipments from listed firms must provide a valid certificate of analysis proving that the products do not contain the illegal pesticides. “A certificate of analysis is going to cost firms upwards of $2,000 per shipment,” stated Mr. England, “The world economy is slumping, so competition is more fierce than ever before. Firms stuck on an Import Alert are at a serious competitive disadvantage.”

FDA has been beefing up inspection at the ports over the last two years. In 2009 and 2010, Congress increased FDA’s budget an unprecedented 19%. A large portion of this appropriation was dedicated to food safety enforcement at the ports of entry. Therefore, greater scrutiny is placed on importers and many more foreign firms are being added to Import Alerts, including IA 99-08. Firms that avoid being placed on Import Alerts maintain a distinct competitive advantage.

If you or your firm is interested in getting ahead of the competition by staying clear of FDA scrutiny, let FDAImports.com, LLC show you ‘the way through.” Similarly, if you currently have shipments subject to DWPE for alleged pesticide contamination, or have been listed on IA 99-08, FDAImports.com, LLC can help. FDAImports.com, LLC consults firms and helps avoid and correct violations like those involving Import Alert #99-08. Avoid your firm getting Red Listed on Import Alert #99-08. FDAImports.com urges manufacturers who desire to avoid such expensive business problems and who wish to gain a competitive edge, to contact them promptly for assistance.