The Food Marketing Institute (FMI) is pleased to respond to the Food and Drug Administration’s (FDA’s) request for comments on the Agency’s implementation of Section 307 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act), Pub. L. 107-188. Although FMI supports necessary and appropriate measures to combat bioterrorism, we are concerned that the minimum prior notice period required under the Bioterrorism Act for imported foods may be disruptive to commerce. Accordingly, as explained more fully below, we recommend that FDA establish different minimum notification periods for different modes of importation, e.g., truck, air. The Agency should not require any more notice than is necessary to perform essential anti-bioterrorism functions.

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