As we’ve reported previously, the transition to U.S. Department of Agriculture (USDA)’s regulation of catfish imports was briefly delayed. However, jurisdiction for catfish imports has been moved from FDA to USDA effective April 15, 2016. On that same day FDA removed all catfish from all the agency’s import alert listings, because they are no longer relevant. The affected species are all fish belonging to the Siluriformes order; including catfish, swai and basa.
The Food Safety and Inspection Service (FSIS) has taken over inspection of shipments according to their implementation schedule, which extends into 2017.
There remains some discrepancy between the agencies about how to handle FDA detentions that were issued before key deadlines in the transitional period. That is, FDA detained under various import alerts catfish (or other Siluriformes) that then were transferred, by law, to FSIS’ jurisdiction before FDA issued refusals. We have challenged whether FDA has the authority to refuse the shipments after the transfer – and those cases are still pending before FDA.
FDAImports.com will continue to monitor the transition and keep importers and foreign producers apprised as both industry and USDA figure out how this new regulatory regime will work. If you, your importing customer or your foreign supplier have shipments within this transitional window detained (or even refused) by FDA, we may be able to challenge FDA on its handling of those shipments.
