seeds from outside USA are still OK... I think

I just finished reading the "Fact Sheet" the FDA provides on the internet by following the link http://www.cfsan.fda.gov/~dms/fsbtac13.html .  The registration and notification policy the US is imposing on food ***importers*** is a response to terrorism attacks since 9-11, and looks to me like a simple process...  Just let them know you're sending seeds within five days of dropping them in the mail.  You can do it on-line, too.  I didn't look at the form, though... could be 10 pages, could be 10 lines.  But the thing that I thought was interesting was the list of items that need to be declared.  It seems to be a list of immediately edible foods.  Seeds have to be grown into pumpkins before anything can be consumed.  Of course, we've eaten pumpkin seeds before, but they were always prepared, first.  I copied the list of items the FDA requires notice for.  It reads:
 

"What food is subject to the requirement for submitting prior notice? Prior notice applies to food for humans and other animals that is imported or offered for import into the United States. For purposes of the interim final rule, "food" is defined by reference to section 201(f) of the Federal Food, Drug, and Cosmetic Act. Section 201(f) defines "food" as articles used for food or drink for man or other animals, chewing gum, and articles used for components of any such articles. 

Examples of "food" include: 

   Dietary supplements and dietary ingredients 
   Infant formula 
   Beverages (including alcoholic beverages and bottled water) 
   Fruits and vegetables 
   Fish and seafood 
   Dairy products and shell eggs 
   Raw agricultural commodities for use as food or components of food 
   Canned and frozen foods 
   Bakery goods, snack food, and candy (including chewing gum) 
   Live food animals 
   Animal feeds and pet food "

 

As you can see, the definition of food leaves the pumpkin seeds in question, since they are not used, nor prepared for the purpose of consumption.  In my mind, the example that looks most like it would limit seed mailing is the phrase "Raw agricultural commodities for use as food or components of food," but I think that since they are not intended for food at all, they don't qualify.  And the vague term "components of food" seems to be descriptive of the ingredients stuff on our food labels, i.e. monosodium glutamate, xanthan gum, etc.  

BUT WAIT... it gets more interesting.  the publication goes on (Notice exclusion number 4 near the end of the following paragraph)...

"What foods are excluded from the prior notice requirement? Foods that are excluded from the prior notice requirement are: (1) food carried by or otherwise accompanying an individual arriving in the United States for that individual's personal use (i.e., for consumption by themselves, family, or friends, and not for sale or other distribution); (2) food that is exported without leaving the port of arrival until export; (3) meat food products, poultry products and egg products that are subject to the exclusive jurisdiction of the U.S. Department of Agriculture (USDA) under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act; and (4) food that was made by an individual in his/her personal residence and sent by that individual as a personal gift (i.e., for non-business reasons) to an individual in the United States. "

So, even if the seeds are considered food, aren't we preparing them in our personal residences and sending them as personal gifts?  That would exclude them from the requirement!  

Please don't take my word for it.  Follow the links and read it for yourself.  Then print out a copy and take it with you to the post office when you mail so you can reference the publication thoroughly when discussing it with the your postal clerk.

By the way, I am not a lawyer or anything, so please take my opinion with a grain of salt.

Toby

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