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


I don't see anywhere that seeds are covered under this
policy.........confused why they would be stopped at border............wayne
----- Original Message -----
From: "craig sandvik" <sandvik7@shaw.ca>
To: <pumpkins@hort.net>
Sent: Friday, December 05, 2003 6:23 AM
Subject: Re: seeds from outside USA are still OK... I think


> toby, my wife was told that the new requirements would not be on the FDA
> site UNTIL DEC 12 . until dec 12 everything is normal.  after dec12 you
> apply for a number from the FDA and once you get your number you then put
it
> on to all seeds entering the us from canada. if you don,t have a number
> AFTER DEC  12  your seeds get stopped at the border.      thanx   craig
> ----- Original Message -----
> From: "Toby Atencio" <mr-sprout@sbcglobal.net>
> To: <pumpkins@hort.net>
> Sent: Thursday, December 04, 2003 11:04 PM
> Subject: 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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