| Effective | 30MAY2024 |
| Filed | 30APRIL2024 |
| Filing Codes | I |
Pursuant to regulations effective December 12, 2003
(see 21 C.F.R. Parts 1 and 20), the FDA must be provided
with notice of food that is imported or offered for
import into the United States (i.e., the continental
U.S., Alaska, Hawaii and Puerto Rico) by water at least
eight (8) hours prior to vessel arrival.. The term
“food” means: (i) articles used for food or drink for
man or other animals; (ii) chewing gum; and (iii) and
articles used for components of food or chewing gum (see
21 U.S.C. Sec. 321(f)). However, the term does not include
meat products, poultry products, and eggs products that
are subject to the exclusive jurisdiction of the U.S.
Department of Agriculture. In addition to prior notice
of food shipments, the new FDA regulations require that
U.S. and foreign facilities which are engaged in the
manufacturing/processing, packing, or holding of food
for consumption in the United States (“subject
facilities”) register with the FDA.
B. Responsibility for Prior Notice and Registration:
It shall be the responsibility of the shipper and/or
consignee named in Carrier’s bill of lading
(hereinafter collectively referred to as the
“Cargo Interests”), to ensure that prior
notice of any shipment of food (as that term is
defined in Paragraph A) imported or offered for import
into the U.S. is provided to the FDA in accordance with
applicable regulations and that any subject facility
(other than a subject facility of Carrier) which has
manufactured, processed, packed or held such food
shipment has registered with the FDA in accordance with
applicable regulations.
C. Evidence of Compliance:
With respect to any food shipment for which a prior notice
confirmation number (“PN Number”) is required to be
provided to the Bureau of Customs and Border Protection
(“CBP”), FDA, or any other government agency upon
arrival, it shall be the responsibility of Cargo
Interests to ensure that such PN Number has been
provided to the required agency(ies) and other persons
prior to vessel arrival. In addition, Cargo Interests
shall be required to provide Carrier with the PN Number
immediately upon written request of Carrier.
D. Failure to Comply:
1. In the event that any food shipment is delayed
or refused entry into the United States due to
the failure to provide adequate prior notice or the
failure of a subject facility to register with the FDA,
it is expected that notice of refusal will be provided
to Carrier by the FDA and/or CBP. Carrier will use best
efforts to promptly transmit the notice received from
the authorities to the Cargo Interests, who shall be
responsible for transmitting such notice to any other
persons with an interest in the cargo. Carrier shall
not be liable for any delay in the transmission of, or
failure to transmit, such notice or any consequences
thereof.
2. In the event that any food shipment is delayed
or refused entry into the United States due to
the failure to provide adequate prior notice or the
failure of a subject facility (other than a subject
facility of Carrier) to register with the FDA, or if it
is determined that cargo which should have been refused
entry has been permitted to enter the United States,
then the Cargo Interests shall be jointly and severally
liable to indemnify, hold harmless, and reimburse
Carrier (and by booking a shipment with Carrier do
thereby agree to indemnify, hold harmless and reimburse
Carrier) for any and all costs, expenses, liabilities,
damages, or losses incurred by the Carrier as a result
of such non-compliance including, but not limited to,
costs of complying with orders and directions of FDA
and/or CBP, costs for handling and storing cargo,
demurrage, subsequent transport of the cargo by any mode
of transportation, and fines and penalties. Carrier
shall have a lien on cargo in its possession for amounts
due hereunder and may hold cargo until such amounts (and
any other unpaid freights or charges) are paid or sell
such cargo after a reasonable period. In the event
Carrier is forced to take legal action to collect
amounts due hereunder, or to defend any action resulting
from actions or events covered by this indemnification,
Carrier shall be entitled to recover all costs
(including attorneys’ fees) incurred in connection with
such legal action. For purposes of this paragraph, the
indemnification provided to Carrier shall also extend to
its agents, affiliates, contractors, employees,
vessel-sharing partners, slot charterers, vessel owners,
and insurers.
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