Refused Entry Comment - Dec 08

December 2, 2008 Docket Clerk Division of Dockets Management (HFA-305) Food and Drug Administration 5630 Fishers Lane, Room 1061 Rockville, MD 20852 RE: Docket No. FDA-2007-N-0465, Proposed Rule on Label Requirements for Food That Has Been Refused Admission into the United States. The Center for Science in the Public Interest (CSPI) appreciates this opportunity to comment on the Food and Drug Administration (FDA) proposed rule on labeling as “United States: Refused Entry” imported food that has been refused admission [Docket No. FDA-2007-N-0465, Sept. 18, 2008]. CSPI is a non-profit consumer advocacy and education organization that focuses largely on food safety and nutrition issues. It is supported principally by the more than 950,000 subscribers to its Nutrition Action Healthletter and by foundation grants. CSPI supports the proposed rule for the reasons stated below, but urges the agency to consider additional changes to improve enforcement and prevent fraudulent entry of unsafe foods into the United States. Specifically, CSPI urges FDA to— 1. Include a prohibition on altering, removing, tampering with, or concealing a “United States: Refused Entry” label in the final rule; and, 2. Remove provisions from the rule that allow importers to affix the labels without direct FDA supervision. I. Background and Reason for Support. The proposed rule responds to concern that unscrupulous importers engage in a practice known as port ...