1. INTRODUCTION

The Food Safety and Inspection Service (FSIS) authorize requests for the importation of samples of meat poultry, and/or egg products destined for laboratory examination, research, evaluative testing or trade show exhibition. Provided there are no animal health restrictions imposed by the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), meat, poultry, and egg products samples can originate from any foreign country. Samples originating in countries with animal health restrictions shall apply to APHIS for a permit prior to importing.

Samples of frozen cooked beef from countries where foot and mouth disease (FMD) or Rinderpest (RP) is found to exist must be presented for reinspection at an FSIS approved import establishment before proceeding for laboratory examination, research, evaluative testing, or trade show exhibition. Importers/exporters should contact the appropriate regional import field office (see Enclosure 1) for information on import facility locations.

Samples for laboratory examination, research, evaluative testing, or trade show exhibition are not to be sold, distributed or consumed by the public. Further, the procedures outlined below do not apply to samples destined for consumer test marketing or sales promotions. Such shipments, regardless of the volume, are considered commercial and all FSIS reinspection requirements shall apply. All commercial shipments shall originate only from eligible countries and must be accompanied by all applicable documentation.

2. REFERENCES

Meat Inspection Regulations, 9 CFR

Part 314 – Handling and Disposal of Condemned or Other Inedible Products at Official Establishments.
Part 320 – Records, Registration, and Reports.
327.19 – Specimens for Laboratory Examination and Similar Purposes.

Poultry Inspection Regulations, 9 CFR

Subpart L – Handling and Disposal of Condemned or Other Inedible Products at Official Establishments
Subpart Q – Records, Registration, and Reports
381.207 – Small Importations for Consignee’s Personal Use, Display, or Laboratory Analysis

Egg Products Inspection Regulations, 9 CFR

590.960 – Small importations for consignee’s personal use, display, or laboratory analysis

3. CANCELLATION

Part 4, Section 9, “Samples for Laboratory Examination, Research or Evaluative Testing,” dated March 15, 2004

4. FORMS

FSIS Form 9540-5 (3/12/2004), “Notification of Intent for Importation of Meat, Poultry or Egg Product Samples for Laboratory Examination, Research, Evaluative Testing, or Trade Show Exhibition” (see Table 89)

5. NOTIFICATION OF INTENT TO IMPORT SAMPLES

   The importer, broker or applicant shall notify FSIS prior to importing meat, poultry, or egg products samples.  The documentation shall be submitted to the appropriate FSIS Regional Import Field Office (IFO) in advance of the shipment’s arrival.  Enclosure 1 contains information on office locations, contacts, and areas of responsibility for each office.

1. The applicant must provide the following documentation.
   1. FSIS Form 9540-5, “Notification of Intent for Importation of Meat, Poultry or Egg Product Samples for Laboratory Examination, Research, Evaluative Testing, or Trade Show Exhibition.”   The form may be obtained from any of the offices identified in Enclosure 1.
   2. Foreign country’s health certificate, stating “Samples intended for laboratory examination, research, evaluative testing, or trade show exhibition.”  Note: A health certificate is not required for poultry or egg product sample shipments. 
2. Verification of shipments

   Meat, poultry, and egg products sample shipments, other than frozen cooked beef from APHIS restricted countries, are not required to be inspected (verified) by FSIS upon arrival in the United States and may be shipped directly to the consignee without further restriction. FSIS may follow up with the applicant to verify that the sample is properly handled, including destruction as indicated on the form.

   Sample shipments of frozen cooked beef, regardless of shipment amount, from a country where FMD or RP is found to exist must be reinspected by FSIS inspection personnel prior to proceeding for evaluation or exhibition.

VI.  USDA, APHIS REQUIREMENTS

All shipments of meat, poultry, and/or egg products, including samples, shall satisfy USDA, APHIS and/or Department of Homeland Security (DHS), Customs Border Protection (CBP) entry requirements, regardless of the amount of product or purpose for importation. It is the responsibility of the importer, broker or applicant to notify APHIS of the shipment and to confirm eligibility of the product from the country of origin. APHIS – National Center for Import-Export may be contacted at (301) 734-3277 for additional information (http://www.aphis.usda.gov/vs/ncie/).

VII.  LIMITS AND CONDITIONS

1. Weight restrictions
   1. Red meat shipments cannot exceed 220 lb (100 kg) for each type of product.
   2. Poultry shipments cannot exceed 50 lb (22.7 kg) for each type of product.
   3. Egg products shipments cannot exceed 30 lb for liquid or frozen eggs and 50 lb. for dried egg products.
2. Requests for sample shipments for laboratory examination, research, evaluative testing or trade show exhibition exceeding the limits specified in A. must be submitted in writing to the Office of International Affairs, Import Inspection Division, Washington, D.C.
3. C. It is the responsibility of the applicant to limit the use of the samples to laboratory examination, research, evaluative testing, or trade show exhibition only. Upon completion of the testing or exhibition, the residual product from the sample shipment shall be properly disposed of as indicated on FSIS Form 9540-5. FSIS may follow up to confirm that the samples were disposed of properly. Proper disposition effectively destroys the contents for human food purposes, such as denaturing or incineration. (Refer to 9 CFR 325.13 and all subsequent references for guidance).
4. Sample shipments are not to be sold or distributed for human consumption.
5. Labeling

   The shipping carton and individual packages (if more than one package) inside the shipping containers shall be pre-printed, stamped, or stenciled (all in English) with the

   1. Product name
   2. Country of origin
   3. Establishment number assigned by the foreign country’s meat/poultry inspection system (if applicable).  For egg products, the plant number of the plant in which the egg product was processed and/or packed is required
   4. Name and address of the facility that produced the product, and
   5. The statement:  “Samples intended for laboratory examination, research, evaluative testing, or trade show exhibition.”
6. Record Keeping

   The broker or applicant is required to maintain all records necessary for effective documentation that the sample product is properly handled and destroyed. Required records shall include, but not be limited to, documentation such as bills of sale, invoices, receiving and shipping papers and copies of FSIS Form 9540-5. These records shall be maintained as outlined in the Meat / Poultry / Egg Inspection Acts.

VIII. FOLLOW-UP AND DISTRIBUTION OF FSIS FORM 9450-5

1. Follow-Up
   1. The IFO receiving the completed form shall determine whether follow-up is necessary based on the information contained on the form.
   2. If the destination of the sample shipment is in close proximity to an Import Surveillance Liaison Officer (ISLO) location, the form shall be forwarded to the ISLO with responsibility for the area to verify that the sample shipment was used as intended and properly disposed of.
   3. If the sample shipment is destined for a remote area requiring extensive travel by the ISLO, the IFO will request assistance from the Regional Investigations Manager (RIM) of the Office of Program Evaluation, Enforcement and Review (OPEER) with responsibility for the involved state(s) (see Enclosure 2). The IFO will fax the FSIS form 9540-5 to the RIM requesting follow-up. The RIM shall forward the form to a Program Investigator (PI) for verification that the sample shipment was used as intended and properly disposed of.
   4.  If the sample shipment is not used as intended or disposed of, the ISLO should notify the IFO and IID Headquarters by e-mail.
   5. The IID Director will notify the applicant of the failure to comply with the provisions of this section.
2. Distribution of the form and follow-ups
   1. If the IFO determines no follow-up is necessary, the form will be mailed or faxed to IID Headquarters.
   2. The ISLO, after follow-up, shall mail or fax the form to IID Headquarters.
   3. The PI, after follow-up, shall fax the form to the IFO, IID HQ, and the RIM for filing.
3.  Evaluative Sample Database
   1. IID Headquarters will enter all the data from the FSIS Form 9450-5into the Evaluative Sample Access database.

Enclosure 1

Regional Import Field Office 

Northern Region - Detroit
Crowne Point Building
25900 Greenfield Rd.
Room 203
Oak Park, MI 48237
Phone: (248) 968-0722          Facsimile: (248) 968-2148

Areas of responsibility: Idaho, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New York (along the Canadian border), North Dakota, Ohio, South Dakota, Vermont, Wisconsin, and Wyoming.

Western Region - Los Angeles
Gateway Corporate Center
21660 Copley Drive
Suite 175
Diamond Bar, CA 91765
Phone: (909) 396-9518          Facsimile: (909) 396-9520

Areas of responsibility: Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Mariana Islands, Nevada, Oregon, Trust Territories of the Pacific, Utah, and Washington.

Southern Region - Miami
7771 West Oakland Park Boulevard
Suite 142
Sunrise, FL 33351
Phone: (954) 578-1398          Facsimile: (954) 578-1536

Areas of responsibility: Alabama, Arkansas, Florida, Georgia, Kansas, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas, and the U.S. Virgin Islands.

Northeast Region - Philadelphia
Mellon Independence Center
701 Market Street
Suite 4100B
Philadelphia, PA 19106
Phone: (215) 597-4219  Ext. 120 or 130               Facsimile: (215) 597-4946

Areas of responsibility: Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Jersey, New York (downstate), Pennsylvania, Rhode Island, Virginia, and West Virginia.

Enclosure 2

OPEER Regional Investigation Managers (RIM’s)

Western Regional Office - Alameda
620 Central Avenue, Building 2B
Alameda, CA  94501
Telephone: (510) 337-5000 or 1-800-428-1329
Fax: 510-337-5080.  Covering the states of Colorado, New Mexico, Utah, Arizona, Idaho, Nevada, Washington, Oregon, California, Alaska, Hawaii, American Samoa, Guam, and Mariana Islands.

Southwest Regional Office - Dallas
1100 Commerce Street, Room 557
Dallas, TX  75242
Telephone: (214) 767-9101
Fax # 214-767-8230.  Covering the states of Texas, Louisiana, Arkansas and Oklahoma, Iowa, Kansas, Missouri and Nebraska.

Midwest Regional Office - Chicago
1919 S. Highland Avenue, Suite 120C
Lombard, IL  60148
Telephone: (630) 916-6226
Fax: 630-620-7876. Covering the states of Wisconsin, Illinois, Indiana, Michigan, Minnesota, Montana, North Dakota, Ohio, South Dakota and Wyoming.

Southeast Regional Office - Atlanta
100 Alabama Street, SW
1924 Building, Suite 3R95
Atlanta, GA  30303-3104
Telephone: (404) 562-5962
Fax: (404)-562-5930.  Covering the states of Delaware, Maryland, District of Columbia, West Virginia, Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida, Puerto Rico and the U.S. Virgin Islands.

Northeast Regional Office - Philadelphia
Mellon Independence Center
701 Market Street, Suite 4100-C
Philadelphia, PA  19106
Telephone: (215) 597-4219 or 1-800-637-6681
Fax # 215-597-9099. Covering the states of Pennsylvania, New Jersey, New York, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

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