A U.S. magistrate judge has sentenced to three years of probation the couple who owned the company that imported melamine-tainted pet food ingredients into the United States from China. Sally Qing Miller, a Chinese national, and her husband, Stephen Miller, were also barred from importing pet food ingredients and were each ordered to pay a $5,000 fine. According to a press release, no further restitution was required “in light of a $24 million settlement in a related civil suit reached in the U.S. District Court for the District of New Jersey.” Their company, ChemNutra, Inc. was ordered to pay a $25,000 fine. The Food and Drug Administration has reportedly estimated that 1,950 cats and 2,200 dogs died after eating the contaminated food in 2007. Sally Miller was quoted as saying, “I’m really, really sorry this happened. I hope through this tragic, unfortunate event, the whole industry can learn from us, from…
Tag Archives import/export
The American Meat Institute (AMI) has apparently submitted comments to the Office of U.S. Trade Representative contending that country of-origin labeling (COOL) requirements violate U.S. international trade obligations. According to AMI, the nation’s “credibility is undermined when U.S. legislation violates America’s commitments” under international agreements. AMI claims that the COOL requirements “are not consistent with U.S. obligations” under World Trade Organization (WTO) and North American Free Trade Agreement obligations or the General Agreement on Tariffs and Trade. The organization apparently characterizes COOL as “de facto discrimination against foreign products, a result even contemplated by sponsors of the legislation who declared that it would be ‘helpful to a lot of American agricultural producers’ and force companies to rely ‘on our independent producers here in this country.’” Canada and Mexico have asked the WTO to rule on the legality of the COOL law. See AMI Press Release, January 8, 2010; meatingplace.com, January 11,…
According to the Food and Drug Administration (FDA), a food importer from Virginia, who was sentenced to five years in prison for conspiring to import falsely labeled catfish from Vietnam to avoid paying import tariffs, has been barred from importing food into the United States for the next 20 years. This action apparently marks the first time the agency used its debarment authority under a law allowing the FDA to “debar a person from importing an article of food or offering such an article for import into the United States if that person has been convicted of a felony for conduct relating to the importation into the United States of any food.” The law also allows debarment in instances of the importation of adulterated food posing “a threat of serious adverse health consequences or death to humans or animals.” FDA reported that Peter Xuong Lam, president of Virginia Star Seafood…
An end to the world’s longest-running trade dispute is reportedly drawing near. The European Union (EU), which purportedly started the “banana wars” by imposing higher duties on tropical fruits from Latin America in the early 1990s to favor former British and French colonies in Africa, the Caribbean and Pacific regions, is apparently poised to enter an agreement that would reduce its banana tariffs over the next seven years thus putting growers around the world on an equal footing. The United States is also apparently expected to adopt the same terms, so shoppers could soon be facing lower prices for tropical fruits and for dozens of other tropical products if the proposed settlement provides a boost to the upcoming Doha round of world trade negotiations. See The New York Times, November 17, 2009.
The third in a five-part series about genetically modified (GM) crops, this article focuses on the frustrations of importers and exporters over stringent European rules about even trace amounts of GM material in conventional crops. Apparently, European regulators have stopped more than 10 soybean or soy meal shipments from the United States this year because they contained GM corn dust, which had not been cleared for import in Europe. The cross-contamination apparently occurs when silos, trains and ships are not cleaned after GM crops are stored or transported in them. With pressure from European farmers who need the soy products to feed their cattle and pigs, the EU reportedly approved the GM corn on November 2, 2009. Agricultural trade will apparently face new strains as GM traits used worldwide quadruple in the next five years. According to European Agriculture Minister Mariann Fischer Boel, “The result is that a growing number…
U.S. Attorney Patrick Fitzgerald has brought conspiracy charges against the president of a honey manufacturer from China in an alleged scheme to illegally dump adulterated honey on the U.S. market, and recently announced that the defendant pleaded guilty. The product was apparently shipped through the Philippines and Thailand between 2005 and 2008 to avoid steep anti-dumping duties. While defendant Yong Xiang Yan entered a plea to one count of conspiracy involving the avoidance of more than $625,000 in anti-dumping duties, he acknowledged during the plea hearing that he authorized many other shipments that avoided an additional $3.3 million in duties. Some of the honey imported into the United States was allegedly adulterated with antibiotics, but “[n]either the charges [n]or the plea agreement indicate any instances of illness or other public health consequences attributed to consumption of the honey, nor does it identify any store brands or domestic supply chain of…
Pine nuts imported from China have reportedly left some Americans with a bitter, metallic aftertaste, prompting the Food and Drug Administration (FDA) to investigate the claims. According to a news source, FDA has received about two dozen complaints of “pine mouth” in recent months, but no illnesses have been reported. “Should the FDA find a public health hazard, then we will advise consumers accordingly,” an agency press officer said. The United States reportedly imports some 25 million pounds of pine nuts annually, 90 percent of which comes from China. A Richmond, Virginia, importer of Chinese pine nuts has scoffed at the pine mouth phenomenon, calling it an “Internet sensation” on food websites and blogs. He said he first heard reports of pine mouth a few years ago and had his product tested for heavy metals, Salmonella, yeast, and mold, but that testing revealed nothing unusual. See The Baltimore Sun, October…
The European Union has reportedly blocked a U.S. request that the World Trade Organization (WTO) settle a dispute over a ban on American poultry imports. The Office of the U.S. Trade Representative apparently asked for the ruling after industry groups criticized the scientific evidence behind an EU regulation prohibiting the pathogen-reduction treatments used in U.S. poultry processing. According to the National Chicken Council, U.S. poultry exports could exceed $300 million if EU regulators permitted the in-plant use of chlorine dioxide, trisodium phosphate, acidified sodium chlorite and peracetic acid in products destined for the European market. The European Union cannot block a second request, which is apparently expected in November. See Bloomberg.com, October 23, 2009; Meatingplace.com, October 26, 2009.
The Government Accountability Office (GAO) has released a report prepared in response to congressional inquiries about the current system for ensuring the safety of imported foods. Titled “Agencies Need to Address Gaps in Enforcement and Collaboration to Enhance Safety of Imported Food,” the report focuses on Customs and Border Protection (CBP), the Food and Drug Administration (FDA), the U.S. Department of Agriculture’s Food Safety and Inspection Service, and state regulators responsible for the safety of foods imported from more than 150 countries and territories. GAO discusses the contamination outbreaks recently associated with imported foods and notes that steps federal agencies have already taken are falling short because (i) their “computer systems do not share key information”; (ii) “FDA has limited authority to ensure importer compliance”; (iii) “CBP and FDA do not provide unique identification numbers to firms”; and (iv) “CBP faces challenges in managing in-bond shipments,” i.e., “those that move…
The National Chicken Council and several other industry groups have signed a letter to the Office of the U.S. Trade Representative, requesting the initiation of a World Trade Organization (WTO) dispute settlement panel to re-establish poultry exports to Europe. According to the letter, the European Union prohibits four antimicrobials commonly applied in the United States to reduce pathogens on processed poultry. The trade groups have reportedly estimated that U.S. poultry exports could exceed $300 million if EU regulators permitted the in plant use of chlorine dioxide, trisodium phosphate, acidified sodium chlorite and peracetic acid in products destined for the European market. “[T]he United States should continue to pursue with the European Union resolution of the issue,” stated the letter, which concluded that “it would be most appropriate to take the issue to the next step in the WTO dispute settlement process.” See NCC News Release, October 1, 2009; Law360, October 2,…
