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 The Bioterrorism Act
 Trade Guidance for Bioterrorism Act (BTA) Importations
(doc - 110 KB.)
 FDA-Required Prior Notice for Imported Food and Beverages
(doc - 24 KB.)
 Frequently Asked Questions & Answers Regarding CBP Procedures under the Bioterrorism Act (BTA)
(doc - 79 KB.)
 Memorandum of Agreement between U.S. Customs and Border Protection and the Food and Drug Administration
(doc - 28 KB.)
 Enforced Compliance and Penalties Implementation Procedures for the Bioterrorism Act
(doc - 55 KB.)
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 Compliance Guide
Revised Compliance Policy Changes Requirements for Personal Shipments
The FDA/CBP (revised) Compliance Policy Guide explains that the two agencies will exercise enforcement discretion on BTA issues until such time as the FDA publishes a final BTA rule for food imported or offered for import for non-commercial purposes.

“Non-commercial purpose” generally exists when the food is purchased or otherwise acquired by an individual for non-business purposes and the shipper is an individual (i.e., the individual delivers the food to a post office or common carrier for delivery to self, family member, or friend for non-business purposes, i.e., not for sale, resale, barter, business use, or commercial use).

Examples of foods imported or offered for import that may be covered by this non-commercial category are:

  • Food in household goods, including military, civilian, governmental agency, and diplomatic transfers;
  • Food purchased by a traveler and mailed or shipped to the traveler’s U.S. address by the traveler;
  • Gifts purchased at a commercial establishment and shipped by the purchaser, not the commercial establishment.
  • Food contained in diplomatic pouches.

The revised guidance also clarifies that an individual is a sole human being, not a corporation. The guide also expands upon the difference under the BTA between a shipper (most likely an individual) and a carrier (most likely a commercial entity).

The complete Compliance Guide ( Compliance Guide ) can be downloaded from the Food and Drug Administration site.

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