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G. Srinivasan

In the wake of impending threat after the September 11, 2001 terrorist attack and subsequent developments, the US Congress has passed the Public Health Security and Bio-Terrorism Preparedness and Response Act of 2002.

NEW DELHI, June 15

INDIAN authorities have braced themselves up to sensitise their exporters of food products against the provisions and implications of the US Public Health Security and Bio terrorism Preparedness Act of 2002, which would come into force from December.

Official sources told Business Line here that a high-level meeting chaired by the Additional Secretary, Mr L.V. Saptharishi, with the chief executives of Agriculture and Processed Food Development Authority (APEDA), Marine Product Export Development Authority (MPEDA), Tea Board, Coffee Board, Spices Board and export inspection councils was held here on June 12. The loud and clear message at the end of the meeting, the sources said, was to act fast and on a war-footing right now so that there is no need to bemoan later on about such a legislation in the US and its associated burden by way of increased transaction cost, if adequate preparation is not made in a pre-emptive fashion now.

The sources said that in the wake of impending threat after September 11, 2001 terrorist attack and subsequent developments, the US Congress has passed the Public Health Security and Bio-Terrorism Preparedness and Response Act of 2002.

Some important features and impact of the provisions of the Act on the export of goods from India to the US include, among others, the owner, operator or agent in-charge of a foreign facility should submit a registration to the Secretary and should include with the registration the name of the US agents for the facility.

Unless the foreign exporter is registered with the US, its consignments should be held at the port of entry and might not be delivered to the consignee; (ii) the owner of the container of food refused admission, other than a food that is required to be destroyed, would require to affix a label on the container stating that "United States: Refused Entry" and the expenses in this regard should be borne by the owner; (iii) if evidence indicating that a shipment of imported food or portion thereof presents a threat of serious adverse health consequences or death to humans or animals, a notice regarding such threat would be served upon the importing state as well as the exporting state; and (iv) to enable an article of food being imported an advance notice containing the details like the type of article, the manufacturer and shipper would be given, failing which the article reaching a port without a prior notice should be liable to be confiscated.

The provisions of the Act further clarify that foreign manufacturer engaged in the export of drug to the US would be required of annual registration failing which their consignments of drugs would not be allowed entry into the US.

The sources recalled that in the first week of May, a delegation comprising senior officials of the Commerce Ministry including Mr A.N. Tiwari, the Additional Secretary, Mr Saptharishi and the MPEDA Chairman, Mr Jose Cyriac, visited the US and held detailed discussion with senior officials of the US Food and Drugs Administration (FDA) on the U.S legislation and the follow-up action. It is learnt that through video-conferencing and other communication channels, there would be greater exchange of note between Indian authorities and the US officials about the implications of the legislations and the steps to be taken by either side on the issue of compliance.

The sources further said that as a sequel to the high-level meeting, a series of ground level meeting of the commodity boards in respect of their commodity would be organised in the coming weeks to sensitise the exporters about the provisions of the legislation, more particularly action with regard to appointment of agents, response to export of merchandise, if detained in the US etc.

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