Issue 69, November 14, 2008
In September, 2008, the Food and Drug Administration (FDA) learned of thousands of infant illnesses in China as a result of the consumption of Chinese infant formula reported to contain melamine. Investigation revealed that the melamine came from contaminated milk used in the formula. Apparently the bulk milk collection point the milk was diluted with water and melamine was added to the mixture to increase the protein content of the watered down milk.
Because the contamination occurred at the bulk milk collection point the problem is not limited to infant formula. The contaminated milk has been used in the manufacture of a large variety of finished goods and ingredients for other food products. More than thirteen countries around the world have reported contamination of products containing ingredients derived from milk.
As a result of this worldwide problem the FDA has issued a directive to the FDA agents in the field. The directive requires detention without physical examination of all milk products; milk derived ingredients and finished food products containing milk from China due to the presence of melamine and/or melamine analogs.
In order to secure release of an individual shipment the importer must provide either results of a third party laboratory analysis, of a representative sample of the lot, which verifies the product does not contain melamine or cyanuric acid or documentation supplied in English which shows there are no milk or milk-derived ingredients in the product. The documentation will include product formulation and product labeling.
Products covered by this detention order include all milk products, all milk derived ingredients and finished food product containing milk. Some examples of the products that all under this order include, but are not limited to
Bakery products, dough, cake mixes and icings
Cereal, including breakfast cereal, preparations
Snack Foods
Milk, butter, dried milk products
Cheese and cheese products
Ice Cream products
Filled Milk and imitation milk products
Soft drinks based on milk
Noncarbonated soft drinks
Carbonated soft drinks and bottled water
Fruit based drinks
Candy
Chocolate and cocoa products
Custard and pudding
Baby food products
Iodinated casein
Dairy byproducts for animals, animal waste feed products, other byproducts for animals
Pet foods, laboratory animal feeds, other animal feeds
Importers of these products with a Country of Origin of China, regardless of the country of export, should be aware that there is a very good chance that these products will not be released by the FDA. Importers of these products that do not contain milk or milk products should be prepared to present the required documentation with the entry paperwork in order to reduce delays.
If you require additional information or clarification, please contact your local DHL Global Forwarding representative.
Sincerely,
Karl F. Krueger
Regulatory Compliance Consultant
Licensed Customs Broker
NCBFAA Certified Customs Specialist
