3/04/2003
US Bioterrorism act
CIAA Comments to the Food and Drug Administration on the US Bioterrorism act

CIAA, the Confederation of the EU Food and Drink Industries, welcomes the opportunity to provide comments on the FDA proposals to implement Sections 307 of the Bioterrorism Act.

CIAA represents the largest manufacturing industry in the EU with 600 billion euros production value. CIAA members are also major employers since 2.6 million employees work in the sector in the EU, equivalent to 12% of the total employment in the manufacturing sector.

In principle, CIAA considers legitimate the US objective to protect consumers against the risk of intentional adulteration or any other sort of risks concerning products that are marketed to US consumers.

However, CIAA is very concerned about the disproportionate character of the law. Despite the constraining and detailed provisions that will have to be respected by imported goods, the law will be ineffective in eliminating the risk of contamination or adulteration. CIAA considers that the measures envisaged to be applied to food imports will impose heavy and costly burdens upon EU exporters and will act as a clear non tariff barrier. Small and medium sized companies in particular risk being prevented from continuing to export to the US as the new regulations and the administrative burdens imposed on them render their exports too costly to be economically viable.

The FDA proposals are also in clear contradiction with attempts made within WTO in the context of current negotiations to agree on measures that would facilitate trade through the simplification and streamlining of customs procedures.

You will find enclosed further more specific and detailed comments on certain provisions of the proposed laws which should be simplified or amended in order to relieve some of the burden that EU exporters and US importers will have to bear. CIAA would therefore be grateful if the FDA would give consideration to how it may effectively resolve the issues which are raised in this submission without undermining the objective of its legislation.

Download the full position in English