RE: seeds from outside USA are still OK... I think-- APHIS INSPECTOR REPLIES

Wayne, I agree. 

There's been a couple updates at the GW thread on importing; the APHIS
inspector, who goes by the member name of "barkeater" says the FDA stickers
are pretty much useless, APHIS has higher authority. For his reply go to the
following link and see the last 4 or 5 replies from about December 5th & on:

http://tinyurl.com/xnlo

Mark
korney19



-----Original Message-----
From: owner-pumpkins@hort.net [o*@hort.net] On Behalf Of
Kennedys
Sent: Saturday, December 06, 2003 3:51 PM
To: pumpkins@hort.net
Subject: 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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