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

Thanks Mark........I will phone Monday and check out from our
end........still can't see where they can stop hobby seeds or anything
seeds........wayne
----- Original Message -----
From: "Mark K" <korney19@adelphia.net>
To: <pumpkins@hort.net>
Sent: Saturday, December 06, 2003 10:37 PM
Subject: 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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