View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
HHS/FDA RIN: 0910-AC38 Publication ID: Spring 2004 
Title: Administrative Detention of Food for Human or Animal Consumption Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 
Abstract: This rulemaking is one of a number of actions being taken to improve FDA's ability to respond to threats of bioterrorism. Section 303 of the Bioterrorism Act authorizes the Secretary, through FDA, to order the detention of food if an officer or qualified employee of FDA has credible evidence or information indicating an article of food presents a threat of serious adverse health consequences or death to humans or animals. The Act requires the Secretary, through FDA, to issue final regulations that provide for procedures for instituting certain enforcement actions (i.e., seizures and injunctions) on an expedited basis with respect to perishable foods. FDA intends to issue a regulation to provide for: 1) a detention procedure; 2) expedited procedures for instituting enforcement actions with respect to perishable foods; 3) security procedures for detained foods including moving them to a secure facility, as appropriate; and 4) an appeals procedure for detained goods. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 21 CFR 1    21 CFR 10.45(d)    21 CFR 16.1(b)(1)   
Legal Authority: 21 USC 334    21 USC 331    21 USC 381    21 USC 371   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/09/2003  68 FR 25242   
NPRM Comment Period End  07/08/2003    
Final Action  06/04/2004  69 FR 31660   
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Kelli Giannattasio
Consumer Safety Officer
Department of Health and Human Services
Food and Drug Administration
Center for Food Safety and Applied Nutrition , 5100 Paint Branch Parkway,
College Park, MD 20740
Phone:301 436-1432
Fax:301 436-2639
Email: kelli.giannattasio@cfsan.fda.gov