New APHIS Permit Requirements for Dry Soup Mixes, Bouillon Cubes, Etc. With Less Than 2% Meat/Poultry

Affected Food Products Include Bouillon Cubes, Dehydrated Soup Mixes

According to U.S. Customs and Border Protection, affected products include bouillon cubes, stocks, and dehydrated soup mixes or extracts.

New Procedures for Obtaining APHIS Import Permits Now Involve FSIS

Effective for products for which a new import permit (or renewal of an existing import permit) is sought on/after June 22, 2009, APHIS will forward the permit application (VS Form 16-3) to the Food Safety Inspection Service (FSIS) to verify that the meat or poultry ingredient is from an approved source. FSIS will review the application and work to ensure that the applicant fully understands what documentation is needed. It is the applicant's responsibility to provide documented evidence of an approved source to FSIS. The APHIS import permit application system (see below for details) allows supporting documentation to be attached. (FSIS notes that the applicant may save time in the application process by submitting the proper documentation at the time application for a permit is made.) FSIS will review the documentation and verify the meat or poultry food ingredient originated from an approved source.

If Meat/Poultry Ingredient Not From Approved Source, No Permit Will be Issued

Under the new procedures, if an importer can provide documented evidence that the meat or poultry ingredient included in the food product comes from an approved source, it can be imported into the U.S. and APHIS can issue an import permit. However, if this condition is not met, the imported food would not be considered approved for importation and APHIS will deny the permit application.

Documentation to Support Approved Source Claims for Ingredients

The importer will be expected to attest to FSIS that the meat or poultry product ingredient is from an approved source. To do so, the importer will need to support the attestation with evidence, which can take various forms. An importer may provide a bill of lading, an invoice from the producing establishment, or a statement to this effect from a government agency in the country in which the ingredient originated or the finished product originated.

At a minimum, however, the documents will need to provide a basis for determining:

the country of origin of the meat or poultry product ingredient, and

the establishment where the meat or poultry product ingredient was processed.

In addition, if the importer has applied for an APHIS permit, the valid APHIS Permit Application Reference Number needs to be referenced on all supporting documentation.

(FSIS' Importer Permit Guide contains additional examples of documentation.)

Procedures for Applying for APHIS Import Permits

Importers may apply for an APHIS import permit by completing and submitting the permit application (VS Form 16-3) to APHIS. The application form is available at http://www.aphis.usda.gov/. Importers may complete the application manually by downloading and faxing the form to (301) 734-8226.

The application may also be completed and submitted via ePermits. (ePermits is a Web-based system that allows users to apply for a permit online, check the status of the application, view issued permits or other responses, and more.)

FSIS Surveillance Activities to Include Check of Documents

On/after June 22, 2009, in accordance with normal surveillance procedures of product that has entered the U.S. (both for products that require APHIS import permits and products that do not), the importer will need to provide upon request documentation to demonstrate that the meat or poultry ingredient used in the specific product as derived from an approved source.

FSIS to Detain Shipments if Ingredients from Non-Approved Source

FSIS notes that while an APHIS permit may have been issued based on an attestation by the importer of an approved source of the meat or poultry ingredient, it is still the importer's responsibility to possess documentation for every shipment of product.

FSIS states that it will continue to be its enforcement policy to seek and detain imported products that contain a small amount of meat or poultry ingredient from non-approved sources that have entered the U.S.

FSIS to Conduct Outreach, Issue Federal Register Notice

For the next 12-18 months, FSIS will conduct outreach to importers, manufacturers of products containing small amounts of meat and poultry ingredients, industry associations, and other interested parties.

FSIS also intends to evaluate trade impacts and publish a Federal Register document that will solicit public comments with respect to the requirement that importers shipping food products to the U.S. that contain small amounts of meat, poultry, or processed egg ingredients ensure that these ingredients are from an approved source, produced under sanitary conditions, and in a secure environment.

¹a country considered by APHIS to be affected with animal diseases of concern.

²to be from an approved source, the meat or poultry ingredient must have been prepared under FSIS inspection or under a foreign inspection system that has been found to be equivalent by FSIS.

(See ITT's Online Archives or 04/22/09 news, 09042210, for previous BP summary on this import permit change.)

FSIS information sheet on changes (updated 05/26/09) available at http://www.fsis.usda.gov/Regulations/Imported_Food_Products/index.asp.

FSIS Import Guide for Products with Small Amounts of Meat and Poultry (dated April 2009) available at http://www.fsis.usda.gov/PDF/Import_Permit_Guide.pdf.

FSIS enforcement notice available at http://www.fsis.usda.gov/pdf/Notice_of_Enforcement_Regarding_Imported_Food_Products.pdf.

BP Note

In the near future, FSIS expects to implement procedures for products containing small amounts of processed egg products as ingredients.