FDA Seeks to Make FSMA Proposals More Flexible, Targeted
U.S. Food & Drug Administration/ http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm415132.htm
The U.S. Food and Drug Administration is proposing changes to four rules proposed in 2013 to implement the FDA Food Safety and Modernization Act (FSMA): Produce Safety, Preventive Controls for Human Food, Preventive Controls for Animal Food, and Foreign Supplier Verification Programs.
FDA is proposing new ways to make the original proposals more flexible, practical and targeted. The changes are based on the input received during an unprecedented level of outreach to stakeholders and valuable input received from farmers and others directly affected by the rules. Thousands of comments were submitted electronically during the comment period.
The changes include:
- Produce Safety: More flexible criteria for determining the safety of agricultural water for certain uses and a tiered approach to water testing.
- Produce Safety: A commitment to conduct extensive research on the safe use of raw manure in growing areas and complete a risk assessment. Pending those actions, FDA is deferring its decision on an appropriate time interval between the application of raw manure and the harvesting of a crop and removing the nine-month interval originally proposed. FDA also proposes eliminating the 45-day minimum application interval for composted manure that meets proposed microbial standards and application requirements.
- Preventive Controls for Human and Animal Foods: Requirements that human and animal food facilities, when appropriate, test products and the food facility’s environment, as well as implement certain supplier controls.
- Foreign Supplier Verification Program: A more comprehensive analysis of potential risks associated with foods and foreign suppliers, and more flexibility for importers in determining appropriate supplier verification measures based on their evaluation of those risks.
The FDA will accept comments on the revised provisions for 75 days after publication in the Federal Register, while continuing to review comments already received on the original proposed rules. No additional comments will be accepted on the original proposals. FDA will consider both sets of comments—on the original proposed rules and on the revisions—before issuing final rules in 2015.
The agency is planning to hold a public meeting on the revised proposals on Thursday, November 13, 2014 in College Park, Md. Details will be forthcoming.
CBP Import Specialists and Officers Seize Counterfeit Rechargeable Toys Valued at $1.3 Million
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2014-09-22-000000/cbp-import-specialists-and-officers-seize-counterfeit
Laredo, Texas – The Import Specialist Enforcement Team (ISET) at U.S. Customs and Border Protection’s (CBP) Laredo Port of Entry seized a total of 18 commercial shipments of counterfeit rechargeable toys over the summer, for allegedly infringing on the Underwriters’ Laboratories (UL) registered and recorded U.S. trademark. The total value of the shipments is nearly $1.3 million.
In the 18 enforcement actions, recently finalized, CBP import specialists from World Trade Bridge selected shipments of rechargeable toys for examination. During the examinations, CBP import specialists noticed that the battery chargers accompanying each rechargeable toy all bore the UL trademark, which is a U.S. registered trademark recorded with CBP. ISET conducted a review and discovered that the shipments lacked legal authorization documentation to use the recorded trademark A lead enforcement manager for UL confirmed that the use of their trademark was unauthorized and infringing on their recorded trademark. Given the foregoing, CBP’s ISET determined that the rechargeable toys in the shipments seized bore counterfeit trademarks and were subject to seizure. In these 18 enforcement actions, from late June to early September 2014, CBP subsequently seized a total of 4,671 rechargeable toys, which, had the trademark been genuine, is valued based on the manufacturer’s suggested retail price, in the amount of $1,292,953.00.
“Our ISET has done it again and through their diligence and attention to detail they prevented toys with chargers baring a counterfeit trademark from entering U.S. commerce and potentially causing harm to children,” said Joseph Misenhelter, CBP port director, Laredo Port of Entry. “Preserving Intellectual Property Rights and import safety are priority trade issues for CBP and our enforcement of these laws helps create a level playing field for all and strengthens the U.S. economy.”
This seizure reflects the strong working relationship between the Laredo Port of Entry and CBP’s Commercial Targeting and Analysis Center (CTAC) and their coordinated efforts help support the Consumer Product Safety Commission through the “One U.S. Government at the Border Initiative.”
CBP’s vigilant enforcement of Intellectual Property Rights protects America’s businesses against the threat of unfair and illicit competition from foreign companies and prevents goods that may be dangerous to consumers or national security from entering the United States.
Revision of Notice of Seizure and Proposed Forfeiture Letter
U.S. Fish & Wildlife Service / http://www.fws.gov/le/public-bulletin.html
Read: Revision of Notice of Seizure and Proposed Forfeiture Letter
ITA: Press Releases
International Trade Administration / http://www.trade.gov/press/press-releases/
09/23/2014 Commerce Finds Dumping of Imports of Grain-Oriented Electrical Steel from the Czech Republic
USITC: News Releases and Documents
U.S. International Trade Commission / http://www.usitc.gov/
News Release: Sec. 337 Inv. -- Formatted Magnetic Data Storage Tapes [9/24/2014]
Philadelphia CBP Intercepts World’s Most Destructive Insect in Rice from Saudi Arabia
U.S. Customs & Border Protection / http://www.cbp.gov
PHILADELPHIA — U.S. Customs and Border Protection agriculture specialists recently intercepted Khapra Beetle, one of the world’s most destructive insect pets, in a passenger’s baggage at Philadelphia International Airport.
CBP officers referred a family that arrived from Saudi Arabia via Qatar to a secondary agriculture examination after the family declared possessing some food items Aug. 19. During the baggage examination, CBP agriculture specialists discovered immature and adult Coleopteran insects inside two burlap sacks that contained a combined nine pounds of rice.
CBP shipped the specimens to the U.S. Department of Agriculture entomologist for identification, and Aug. 27, the USDA confirmed the insects to be Khapra Beetle (Trogoderma granarium Everts).
“Ensuring healthy and robust agriculture industries is vital to our nation’s continued economic vitality, and Customs and Border Protection agriculture specialists take very serious their mission to protect America’s agriculture," said Susan Stranieri, CBP port director for the Area Port of Philadelphia. “Intercepting harmful and invasive insect pests such as Khapra Beetle is of paramount concern to us.:
Khapra Beetle poses a high risk to U.S. agriculture. It is one of the world’s most destructive insect pests of grains, cereals and stored foods. It is known as a ‘dirty feeder’ because it damages more grain than it consumes, and because it contaminates grain with body parts and hairs. These contaminants may cause gastrointestinal irritation in adults and especially sickens infants. Khapra Beetles can also tolerate insecticides and fumigants, and can survive for long periods without food.
Khapra Beetle is the only insect in which CBP takes regulatory action against while either live or in a dead state.
According to the USDA Animal and Plant Health Inspection Service, previous infestations of Khapra Beetle have resulted in massive, long-term control and eradication efforts at great cost to the U.S. taxpayer.
California implemented extensive eradication measures following a Khapra Beetle infestation discovered there in 1953. The effort was deemed successful, but at a cost of approximately $11 million. Calculated in today’s dollars, that would be about $90 million.
Related information: USDA Restricts the Importation of Commercial and Noncommercial Quantities of Rice from Countries Where Khapra Beetle Is Known to Occur
CBP agriculture specialists have extensive training and experience in the biological sciences and agricultural inspection. On a typical day nationally, they inspect almost 1 million people as well as air and sea cargo imported to the United States and intercept 4,379 prohibited meat, plant materials or animal products, including 440 insect pests.
FMCSA Shuts Down Florida Trucking Company as an Imminent Hazard to Public Safety
Federal Motor Carrier Safety Administration / http://www.fmcsa.dot.gov/newsroom/fmcsa-shuts-down-florida-trucking-company-imminent-hazard-public-safety
WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has ordered Grand Ridge, Fla.-based Ken’s Trucking, LLC, USDOT No. 1050616, to immediately shut down following a federal investigation that revealed numerous widespread violations of critical safety regulations. The company, which was declared an imminent hazard to public safety, operated a fleet of 33 truck-tractors transporting general freight, including refrigerated food, in the southeastern United States.
“Safety is our highest priority and we will not allow truck and bus companies that disregard vital safety regulations to continue endangering the motoring public,” said Transportation Secretary Anthony Foxx. “Businesses that transport commercial cargo are responsible for ensuring that their vehicles are properly maintained and safely operated by qualified and well-rested drivers at all times, and we will continue to vigorously enforce these standards to protect every traveler on our roads.”
In August, FMCSA launched a safety investigation into Ken’s Trucking, which is owned and managed by Kenneth Branch. In the past year, trucks operated by Ken’s Trucking were involved in five recordable crashes, with at least two of the crashes attributable to maintenance deficiencies, including a broken driveshaft that fell onto the roadway and caused a collision with a passenger vehicle. In another recent crash, the driver for Ken’s Trucking had a suspended commercial driver’s license (CDL) for previously testing positive for methamphetamines.
In the past 12 months, Ken’s Trucking’s 29 commercial drivers received 15 citations for speeding and 10 additional citations for other traffic citations.
The FMCSA safety investigation found the following violations of federal regulations:
- Failing to properly oversee and maintain driver qualification files, including medical certification and driving violation records. Mr. Branch, himself a CDL driver for the company and who was involved in a 2014 crash attributable to vehicle maintenance deficiencies, failed to maintain even his own driver file.
- Allowing drivers who tested positive for drugs, in possession of suspended CDL, or in possession of an expired medical certificate to operate commercial vehicles in interstate commerce. In the past year, Ken’s Trucking dispatched two drivers who had tested positive for controlled substances during random tests and two other drivers who tested positive in pre-employment drug tests without requiring the drivers to undergo proper return-to-duty procedures. For a period of 17 months, Ken’s Trucking continually dispatched a driver whose CDL had been suspended for speeding violations. Mr. Branch, who was in charge of Ken’s Trucking’s safety compliance, did not himself participate in federally mandated random drug and alcohol testing of CDL drivers.
- Failing to properly monitor drivers to ensure compliance with federal hours-of-service (HOS) limitations to prevent fatigued driving.
- Failing to systematically inspect, repair and maintain its commercial vehicles. Drivers for Ken’s Trucking were not required to conduct inspections of their commercial vehicles or submit driver inspection reports. During the past 12 months, 42 roadside inspections were conducted on Ken’s Trucking vehicles resulting in 112 safety maintenance violations.
“Complying with federal safety regulations for commercial truck and bus companies is critical because in an instant, a seemingly minor infraction can result in a needless crash with tragic consequences,” said FMCSA Acting Administrator Scott Darling III. “Our message is this: companies that choose to run outside the law and put the public at risk will be put out of business.”
The order directs Ken’s Trucking to cease all commercial motor vehicle operations, including all interstate and intrastate transportation, from all dispatching locations or terminals.
BBB Offers Advice on What to Do After a Retail Data Breach
Better Business Bureau / www.bbb.org
New York, NY – In the wake of the latest possible data breach, this one at home improvements giant Home Depot, Better Business Bureau offers the following suggestion for consumers concerned that their credit or debit cards may have been compromised by a retail or online data breach.
1. Stay calm. Consumers are not liable for fraudulent charges on stolen account numbers.
2. Check with the website of the retailer for the latest information. Type the store name directly into your browser. Do NOT click on a link from an email or social media message.
3. If your card was compromised, you will likely hear from the bank or card-issuer first. If you have questions, call the customer service number on your card.
4. If your card was compromised, consider putting an alert or freeze on your credit report with the three major credit reporting agencies. A credit freeze will prevent anyone from accessing your credit report or scores. This means you cannot apply for new credit without lifting the freeze.
5. If you shopped at the retailer with a credit card:
- Monitor your credit card statements carefully (go online; don’t wait for the paper statement).
- If you see a fraudulent charge, report it to your bank or credit card issuer immediately so the charge can be reversed and a new card issued.
- Keep receipts in case you need to prove which charges you authorized and which ones you did not.
6. For those who shopped at the retailer with a debit card:
- Do all of the above as for credit cards, but pay very careful attention to your account. Debit cards do not have the same protections as credit cards and debit transactions withdraw funds directly from your bank account.
- Contact your bank for more information, or if you want to preemptively request a new debit card or put a security block on your account.
7. Beware of scammers who may purport to be from the retailer, your bank or your credit card issuer, telling you that your card was compromised and suggesting actions to “fix” the problem. Phishing emails may attempt to fool you into providing your credit card information or ask you to click on a link or open an attachment, which can download malware designed to steal your identity.
For all businesses that collect customer information:
- Make sure you protect your customers’ data. If a data breach can happen to a major retailer with significant data security measures in place, it can happen to any business.
- Check out BBB’s updated online guide Data Security – Made Simpler for free information on how to create a data security plan.
For more information, check out BBB Scam Stopper. Sign up to receive weekly Scam Alerts to hear about the latest scams.
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