On June 4, 2004, the United States Food and Drug Administration (USFDA) implemented the third phase of the Bioterrorism Act (BTA) and introduced new import rules for food and animal feed products.
Effective August 13, 2004, full enforcement of the BTA will begin, including rejection of non-compliant shipments at the U.S. border and/or monetary penalties.
Any Canadian food and animal feed shipments returned to Canada that have remained under U.S. Customs control may re-enter Canada without referral to the Canadian Food Inspection Agency (CFIA) Import Service Centres. These returning goods will not require Canada Border Services Agency documentation. However, if it is not clear that the goods remained under U.S. Customs control, the shipment must be referred to a CFIA Import Service Centre for authority to release.
Foreign goods in-transit through Canada and subsequently returned from the U.S. for non-compliance with the BTA will be subject to normal import cargo control procedures. In all cases, the carrier will be responsible for moving the goods in-bond to an inland sufferance warehouse pending final disposition by their client. All goods intended to enter the Canadian market will require CFIA approval.
For more information on the new regulations under the USFDA Bioterrorism Act, visit the Agriculture and Agri-food Canada site on Exporting to the United States.