Inside World Trade

The Challenge of Monitoring and Controlling Food Imports

 

By Frances Allday

The news lately has been full of stories about contaminated tomatoes causing an outbreak of salmonella poisoning around the country. The Food and Drug Administration (FDA), the agency working to find the source of the contamination, recently focused its investigation on farms in Mexico and Florida along with other points on the supply chain where the tomatoes may have become contaminated. As of this date the FDA has not found the source of the contamination.

What the outbreak shows is the complexity of tracking foods to the point of origin. Much of the food in the U.S. is grown domestically, but a large portion is imported. Food products imported into the U.S. are subject to regulations and quotas to safeguard both the consumers and domestic industry.

Most imported food is subject to the Bioterrorism Act which was implemented in 2003 to protect the food supply from contamination by terrorists. It requires that importers give prior notice to Customs and Border Protection (CBP) and FDA for all food products that will be imported into the U.S. This is submitted via the FDA's internet based system. The notice must contain information as to the manufacturer, shipper and grower of the food product, as well as the country of origin and the country from which the product is shipped. Data such as the date and port of arrival and shipping documentation must also be included. This information enables the Customs and FDA officers to screen and target inspections of imported food products to more efficiently protect the nation's food supply. Shipments of food imports that do not give prior notice will be held at the port of arrival or exported, but will not be allowed to enter the U.S.

Imported food quotas are another way the government controls and regulates various foods coming into the U.S. market. A quota is a limitation or restriction on the amount of certain goods that may be imported into the U.S. from all countries, or from specific countries for a prescribed period of time. The quotas are established by legislation and Presidential proclamations, usually to protect domestic industries from foreign competition and surpluses on the domestic market.

Sugar and beef are two products that are subject to quota. Government controls on sugar importations date back to 1789 when the First Congress imposed a tariff on foreign sugar. The Sugar Act of 1934 set allotments each year for the quantity of sugar needed to supply the nations needs at prices fair to consumers and producers. The Act expired in 1974, but Congress has continued to impose a quota on raw sugar. When the allowed quantity of sugar imports is met, sugar can still be imported but with a higher tariff. Beef is also subject to quotas with most of it coming from Australia, Canada, and New Zealand. Many other foods have quotas or trade agreements establishing tariff preference levels.

Domestic consumption of imported food has been on the rise the last ten years. Imports of fish and shellfish, fresh fruits and vegetables, fruit juices, tree nuts, and salad and cooking oils now account for large shares of the domestic market. Many agricultural imports are products the U.S. does not produce in large quantities, such as bananas or coffee.

Much of the horticultural products which include fruits, vegetables, nuts, wine, malt beverages, and nursery products come from Canada and Mexico. NAFTA is responsible in part for the high volume of trade between the U.S. and these countries.

The agency tasked with inspecting agricultural food products is the Animal Plant and Health Inspection Service (APHIS) of the Department of Agriculture (USDA). As fruit, vegetable, and plant imports arrive, APHIS inspectors examine them for evidence of disease or pests which could damage U.S. agriculture. USDA says that port of entry inspection is one of several measures it is taking in a risk-based process for approving importations. In some cases a certificate verifying that the plant or food products originated from a pest-free area can be accepted for approving an import. USDA is also responsible for inspecting meat and poultry products, and has invoked trade restrictions on imports from countries that have had outbreaks of foot-and-mouth disease and avian flu.

The USDA is primarily concerned with ensuring that the imported fruits and vegetables are free of pest and disease for agriculture purposes. The FDA is responsible for ensuring that food products meet health and safety standards. All imported foods must meet the same standards as food produced domestically. Food must be pure, wholesome, safe to eat, and produced under sanitary conditions.

Imported foods are subject to examination by FDA inspectors. If the inspectors find food that is adulterated, spoiled, pest infested or falsely labeled, it will be detained and refused admittance into the U.S.

Most of the regulations concerning food imports have been established over the years in response to concerns about safety and the demands of domestic industry to restrict foreign competition. Government agencies face very complex and labor intensive processes to implement these regulations, often with limited resources.

The fact that contaminated food like tomatoes may have bypassed the safety net and ended up on consumers tables indicates the immense effort it takes to monitor and control the increasing volume of imported food.

Frances Allday was a specialist in commercial trade with U.S. Customs and Border Protection for 25 years