Months ago the expert consultants at FDAImports.com petitioned the U.S. Food and Drug Administration (FDA) to remove a Chinese processor of soybeans from Import Alert # 99-08, “Detention Without Physical Examination of Processed Foods for Pesticides.” FDA’s basis to put this processor on Import Alert was initially unlawful and based on an assumption that a certain illegal pesticide was present on the goods. While convincing the FDA that it acted unlawfully in its decision was challenging, the team at FDAImports.com nonetheless battled on behalf of its client for eight months. Finally, in May, 2011, the FDA conceded to the facts presented by the persistent FDAImports.com team, and removed the Chinese processor’s soybean products from Import Alert # 99-08.
Import Alert # 99-08 encompasses all processed foods and identifies the processor who has offered food for importation that may contain illegal pesticide residues. While the FDA defers pesticide tolerance level establishment to the Environmental Protection Agency (EPA), the FDA retains the authority to strictly enforce any apparent violations.
In the case of this Chinese processor, the FDA exercised its enforcement authority to place the firm on the Red List of Import Alert # 99-08 based on the appearance of illegal pesticide-use violations. However, the FDA inaccurately and unlawfully interpreted the soybean laboratory results as containing an illegal pesticide residue – when in fact they did not.
Benjamin England, founder and CEO of FDAImports.com, and the team of regulatory consultants and affiliated attorneys, battled the FDA on the fact that FDA must possess evidence of a violation in order to detain an entry and subsequently to put a company on import alert. Here, the FDA illegally presumed scientific laboratory facts, without evidence, and placed a significant burden on the Chinese processor.
FDAImports.com was able to demonstrate FDA’s erroneous decision to place this Chinese processor on Import Alert # 99-08 for soybeans. As a result, the FDA acknowledged that sufficient evidence was provided in order to overcome the ‘apparent violation’ and subsequently removed this Chinese processor’s soybeans from the Red List of Import Alert # 99-08.
