The USDA inspection service rejects the petition from Icelandic internet companies

The USDA’s Food Safety and Inspection Service (FSIS) has completed its review of the Icelandic authorities’ November 4, 2022 petition. TopIceland.com

The petition asked FSIS to clarify that regulations prescribing requirements for importing small quantities of meat products for consumption by the importer apply to products purchased over the Internet.

ToppIceland.com claimed that the U.S. Food and Drug Administration (FDA) defines a product for personal importation as not for further sale or distribution in U.S. commerce. The products can be transported in luggage or sent by courier or international mail.

The petition argued that FSIS, like the FDA, should not distinguish between modes of delivery for importing products for personal consumption. The FSIS Office of Policy and Program Development reviewed the rulemaking request.

TopIceland.com is a small e-commerce company based in Grundarfjordur, Iceland. It has been operating since 2017, with the US as its primary market.

In response to the Icelandic business community, FSIS writes: “In your petition, you referred to the U.S. Food and Drug Administration (FDA) “definition” of personal importation and stated that because “the FDA does not distinguish between the method of delivery for own consumption…

“TopIceland would therefore kindly request that our imports, which fall within the definition of personal import only, fall under Regulation 9 CFR 327.16.

“The FDA definition and link cited in your petition are from a statement on an FDA website, and not from a definition codified in the Code of Federal Regulations. In addition, the FDA and FSIS have separate legal authorities and regulatory requirements. The products are subject to their respective jurisdictions. USDA’s regulations regarding imported products at 9 CFR part 327 do not define “personal importation” or “own consumption.”

The response explains the regulations: “9 CFR part 327 sets forth the regulations for the importation of meat products into the U.S., including the FSIS inspection process. Imported meat products must come from eligible countries with an equivalent food safety regulatory system, as determined by the Administrator of FSIS (9 CFR 327.2).

“Within the eligible countries, only those establishments that have been identified and certified by a responsible official of the country’s meat inspection system to meet requirements equivalent to those of the U.S. are eligible. After determining that a country is an Eligible Country, FSIS relies on the country’s government inspection personnel to conduct inspection activities. Each shipment imported into the US requires a Foreign Inspection Certificate issued by an official of the foreign government agency responsible for the inspection and certification of the product (9 CFR 327.4).

In denying TopIceland’s petition, FSIS also declined to provide a two-year “adjustment period” during which it could continue shipping products to the United States.

FSIS explained it this way:

“When meat products are brought into the U.S. by travelers, travelers must declare the products on their U.S. customs declaration form. Custome and Border Protection agricultural specialists at the point of entry will examine the products to determine if they meet entry requirements.

“FSIS also has the authority and ability to inspect any product offered for import under 9 CFR 327.16 to determine whether it is subject to this regulation to be exempt from the standard import requirements and inspection process contained in 9 CFR part 327. With This system allows the U.S. The government to inspect each imported product to determine whether the products are in the class eligible for import.

“The same opportunity does not exist when products are shipped via mail or courier services because these products are not accompanied by documentation confirming that they meet the criteria to qualify for exemption from the import regulations in 9 CFR part 327. The current system also promotes food safety by limiting the amount of uninspected meat products entering the United States. For these reasons, we have decided to deny your petition.”

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