Under FSMA, a food that is imported and then exported without leaving the port of arrival until export is exempt from the Prior Notice rule. True or false?

• A. False
• B. True
• C. Not defined
• D. Depends on port

Answer: (B)

FSMA requires Prior Notice for most imported foods, but there is an exemption for foods that are imported solely to be exported and do not enter U.S. commerce. If a food is brought into a U.S. port and then held there until it is exported without entering the U.S. market, it never enters the domestic supply chain. In that situation, the prior notice rule does not apply. So, this statement is true because the shipment does not enter U.S. commerce and is destined only for export. If the product were to enter U.S. commerce at any point, prior notice would then be required.