
Revised Temporary Allowances for Official Import Inspection Establishments
- PURPOSE
FSIS is cancelling FSIS Notice 44-21, Temporary Allowances for Official Import Inspection Establishments, and revising it to extend for an additional 6 months the temporary allowance to store imported product at offsite warehouses for a limited period until the product can be reinspected by FSIS until October 6, 2022. Therefore, this notice provides the necessary instructions to FSIS inspection program personnel (IPP) for this allowance.
- BACKGROUND
- Under 9 CFR 327.6, 327.7, 381.199, 381.200, 590.925, and 590.930, all imported products under FSIS jurisdiction are to be reinspected at an official import inspection establishment before it can enter the United States or before it can be moved to another location. However, FSIS recognizes that there are backups at ports because of complications related to the pandemic.
- FSIS issued FSIS Notice 44-21, explaining it would allow this flexibility from October 8, 2021 to April 6, 2022. Because these complications continue, FSIS is extending this allowance for an additional 6 months, through October 6, 2022. Therefore, FSIS will continue to allow imported product to be stored at offsite warehouses for a period not to exceed 30 days, until the product can be reinspected at the official import establishment.
- Official Import Inspection Establishment Plans for Storing Product Offsite
IPP are to be aware that official import establishments that want to store imported product at an offsite warehouse prior to reinspection are to submit a request to FSIS IPP at the import establishment. As further explained in section IV of this notice, IPP are also to be aware that the request is to include a plan detailing where and how the official import establishment will maintain control of product stored offsite. In addition, IPP are to be aware that the official import establishment is to keep and maintain a log identifying product stored offsite. This log is to include sufficient detail to identify each certificate and lot including documentation of case counts. Each lot stored offsite is to be delivered intact to the designated official import establishment for reinspection within 30 days of customs entry. IPP are to consider distribution of product from offsite storage to any location other than the official import establishment prior to reinspection a prohibited act by the official import establishment. In such cases, as discussed in section VI of this notice, IPP are to withhold inspection immediately as provided in 9 CFR 500.3(a)(1) until the official import establishment has taken corrective actions and may revoke offsite storage privileges - Approving the Temporary Storage Plan
-
The Front-Line Supervisor (FLS) is to review the written temporary storage plan submitted by an official import establishment to determine if the plan is acceptable. To determine acceptability of the plan, the FLS is to verify that the official import establishment’s plan includes:
-
The name, address, and contact information of the offsite location where the product will be temporarily stored;
-
Procedures on how the official import establishment will maintain control over the product while it is stored at the offsite location and transported back to the official import establishment for reinspection; and
-
A log for identifying product that will be stored offsite that includes details sufficient to track the shipment including, but not limited to, certificate number, customs entry number, country of origin, case count, shipping mark, customs entry date, date of arrival at offsite storage, and estimated date of arrival at the official import inspection establishment.
-
-
If the FLS determines that the official import establishment’s plan contains sufficient detail on where and how the official import establishment will maintain control of product stored offsite, the FLS is to share a copy of the plan with the District Manager (DM) and inform of his/her assessment of the plan’s acceptability. The DM is to review the plan and issue a “no objection” letter to the official import establishment informing of the FSIS acceptance of their temporary storage plan with a copy to the concerned FLS and IPP.
-
After IPP receive the ”no objection” letter, they are to discuss the plan with the official import establishment at the next weekly meeting and document it in accordance with FSIS Directive 5010.1, Food Safety Related Topics for Discussion During Weekly Meetings with Establishment Management.
-
If the FLS or the DM have concerns with the plan, they are to work with the requesting official import inspection establishment to address the concerns.
-
-
-
Ongoing Verification
-
IPP are to follow the procedures in FSIS Directive 9900.1, Imported Product Shipment Presentation to verify that official import establishments comply with the prior notification requirements in 9 CFR 327.5(b), 381.198(b), 557.5(b), and 590.920(b) for the shipments of all imported products.
- If IPP identify a shipment that does not arrive at the official import establishment by the estimated date of arrival in PHIS, IPP are to review the temporary storage log maintained by the official establishment to verify that the shipment is under the official import establishment control and is being stored at the temporary location identified by the official import establishment. IPP are to update the estimated date of arrival in PHIS with the information in the log, and upon any other changes to the estimated date of arrival.
- IPP are to review and discuss the temporary storage log with the establishment at least once per week and document the results of this review in PHIS as part of the weekly meeting.
- IPP are to verify that the shipments stored at a temporary location are transported to the official import establishment under the procedures described in the official import establishment’s plan and arrives at the official import establishment intact within 30 days of customs entry.
- IPP are to reinspect each shipment returned to the official import establishment using the procedures in FSIS Directive 9900.1.
-
- Enforcement
- IPP are to notify the District Office through supervisory channels if they determine product stored at a temporary storage location has entered commerce prior to reinspection. In such cases, IPP are to withhold inspection immediately as provided in 9 CFR 500.3(a)(1) until the official import establishment has taken corrective actions and may revoke offsite storage privileges.
- If products stored at a temporary storage location are not presented for reinspection within 30 days of customs entry, IPP are to document this in an MOI and notify the FLS. Additional actions will be determined on a case- by-case basis.
- Questions
Refer questions regarding this notice to your supervisor or as needed to the Office of Policy and Program Development through askFSIS or by telephone at 1-800-233-3935. When submitting a question, complete the web form and select Import as the Inquiry Type.
NOTE: Refer to FSIS Directive 5620.1, Using askFSIS, for additional information on submitting questions.