Information on DEA Final Rule implementing ITDS - U.S. Customs & Border Protection
On January 30, 2017, the Office of the Federal Register published a notice informing the public that the effective date for the Drug Enforcement Administration’s (DEA) final rule implementing the International Trade Date System (ITDS) would be delayed until March 21, 2017. Compliance with the revisions to DEA regulations contained in the final rule, however, will not be mandatory until July 31, 2017. The rule, once effective, will update DEA regulations for the import and export of tableting and encapsulating machines, controlled substances, and listed chemicals, to permit importers and exporters to file the required information electronically with CBP.
The delay comes as the DEA seeks to comply with the White House Chief of Staff memorandum issued on January 20, 2017, which required the effective date of all published final rules, that had not yet gone into effect, to be delayed for 60 days. For more information, please reference the rule at 82 FR 8688(https://www.federalregister.gov/documents/2017/01/30/2017-01976/revision-of-import-and-export-requirements-for-controlled-substances-listed-chemicals-and-tableting)
CPSC Revises Safety Standards on Toys - U.S. Consumer Product Safety Commission
See Federal Register : [Docket No. CPSC–2017–0010], 16 CFR Parts 1112 and 1250
Safety Standard Mandating ASTM F963 for Toys
CBP at JFK Intercepts Khapra Beetle - U.S. Customs & Border Protection
Customs and Border Protection (CBP) Agriculture Specialists Detect insect during an Air Cargo Exam
JAMAICA, N.Y. — The “Beetle Invasion Tour” was stopped prematurely by skilled and alert U.S. Customs and Border Protection Agriculture Specialists at John F. Kennedy International Airport.
On January 19, CBP Agriculture Specialists performing an inspection of a shipment of personal effects from Saudi Arabia, discovered two cardboard boxes with clothing, spices, coffee, and other household items. While inspecting rice contained in the boxes, CBP Agriculture Specialists discovered a suspected Trogoderma specimen and related skins. The specimen was sent to the local USDA for a final determination. Later that day, the USDA confirmed that it was in fact a Trogoderma granarium Everts (Dermastidae).
“CBP Agriculture Specialists have once again made a critical intercept of a destructive pest that could potentially cause grave damage to our Agricultural and Economic vitality,” said Robert E. Perez, Director, Field Operations, New York Field Office.
Trogoderma granarium Everts (khapra beetle) is one of world’s most destructive pests of grain products and seeds. The khapra beetle is an extremely serious pest of grain and other stored products. This pest may also show up in a variety of locations that are not obvious food sources such as burlap bags, corrugated boxes (where they feed on the glue) and animal hides. Native to India, khapra beetle has spread to other countries in Africa, the Middle East, the Near East, pockets of Europe and Eastern Asia. It has been nominated as one of the 100 worst invasive species worldwide.
Federal Trade Commission, Class Action Settlements Require Volkswagen to Repair or Buy Back 3.0 Liter TDI Diesel Vehicles - Federal Trade Commission
The Federal Trade Commission announced a settlement today that requires Volkswagen Group of America to fully compensate consumers who purchased 3.0-liter TDI diesel vehicles through a combination of repairs, additional monetary compensation, and buybacks for certain models.
Under the federal court order, owners of older vehicles (model years 2009-2012; see fact sheet) will be able to sell their car back to Volkswagen at favorable prices and obtain full compensation for their losses. Consumers are eligible to receive approximately $26,000 to $58,000 for a buyback, depending on the model, mileage, and trim of the car. These owners can also opt to keep their cars and receive an emissions modification that would improve their vehicle’s emissions, if a modification is approved by the Environmental Protection Agency and the California Air Resources Board. Consumers receiving an emissions modification will also receive monetary compensation.
For owners and lessees of newer vehicles (model years 2013-2016; see fact sheet) Volkswagen is expected to obtain regulatory approval for an emissions repair that brings the cars into full compliance with originally certified emission standards and does not materially reduce the performance of the vehicle. If Volkswagen obtains EPA and CARB approval within the timeframe in the FTC Order, consumers will receive this repair and additional monetary compensation ranging from approximately $8,500 to $17,600. This means consumers with newer vehicles will receive the car they thought they purchased – plus a substantial additional payment. If an emissions repair is not available under the timeframe in the FTC Order, then Volkswagen must offer to buy back those models and provide lease terminations.
Certain consumers who leased an affected vehicle are eligible for substantial compensation. Options for lessees vary based on make, model, model year, and the availability of approved emissions modifications or repairs. Certain owners who sold their TDI vehicles after the Volkswagen defeat device issue became public are also eligible for compensation.
This chart shows the range of approximate payments consumers would receive under the FTC Order.
The order will return more than a billion dollars to consumers, with the total amount depending on future events. If no emissions repair is approved and if the company must therefore offer buybacks for all 3.0-liter TDI models, Volkswagen may have to pay as much as the full $4 billion judgement reflected in the order. If an emissions repair is approved, the Commission expects consumers to receive in excess of $1.25 billion from the 3.0-liter vehicle settlement. This amount includes a contribution from Bosch, which manufactured the defeat device. The Commission previously obtained a $10 billion judgment to compensate the larger group of consumers who had 2.0-liter TDI Volkswagen cars. Under the FTC settlement, Volkswagen also will pay the cost of administering the entire settlement program, including vehicle repairs, notifications, and other logistics.
The FTC order also includes generous loan forgiveness provisions for consumers eligible for buybacks, additional limited warranties and lemon law-type protections for consumers eligible to receive emissions modifications or repairs, special protections for those serving in the armed forces, and special protections for consumers in rural areas who may be far from the nearest dealer. The order also requires an independent, court-appointed claims supervisor to monitor Volkswagen’s compliance with stringent claims process deadlines.
The FTC sued Volkswagen in March, charging that the company deceived consumers with its advertising campaign used to promote its supposedly “Clean Diesel” Volkswagens and Audis, which falsely claimed that the cars were low-emission, environmentally friendly, met emissions standards, and would maintain a high resale value.
This order completes the FTC’s case against Volkswagen by ensuring that all consumers who purchased a TDI diesel engine vehicle will be fully compensated for their losses. In a companion matter, hundreds of private actions have submitted a proposed class action settlement consistent with the FTC’s order. A related settlement with the Department of Justice (DOJ) and Environmental Protection Agency (EPA) resolves the Clean Air Act violations those agencies alleged.
Consumers can determine if they are eligible for compensation, and if so for how much at VWCourtSettlement.com(link is external) and AudiCourtSettlement.com(link is external). They can also use these websites to submit claims, make appointments, and receive updates. Monetary relief will become available when the DOJ/EPA and private settlements become final.
The Commission vote approving the proposed stipulated order was 3-0. It is subject to court approval. The FTC filed the proposed stipulated order in the U.S. District Court for the Northern District of California.
NOTE: Stipulated orders have the force of law when approved and signed by the District Court judge.
ITA: Press Releases - U.S. International Trade Administration
01/27/2017 Preliminary Determination in the Antidumping Duty Investigation of Imports of Dioctyl Terephthalate from Korea
01/27/2017 Preliminary Determinations in the Antidumping Duty Investigations of Imports of Finished Carbon Steel Flanges from India, Italy, and Spain
Three Men Sentenced for Multiple Lacey Act Violations for Illegally Collecting, Trading Oregon Snakes - U.S. Fish & Wildlife Service
Three men have been sentenced as a part of Operation Kingsnake, a three-year investigation that uncovered the illegal trafficking and collecting of hundreds of wild snakes in Oregon, 11 other states, and Canada.
Michael Collalto, of Rochester, New York, pleaded guilty Jan. 30, 2017, in federal court in Rochester, New York, to four Lacey Act violations for his role in the trade of illegally caught snakes. From 2008 through 2012, Collalto was part of a group of individuals that trafficked hundreds of illegally collected snakes to or from Oregon, Utah, Nevada, Arizona, California, Texas, New York, New Jersey, North Carolina, Pennsylvania, Maryland, Connecticut and Canada.
"We commend the Department of Justice and all other agencies that played a role in aiding this joint investigation and prosecution,” said Gary Young, the U.S. Fish and Wildlife Service’s Special Agent in Charge for the Pacific Region. “Our agents will continue to work with our partners to fully investigate and bring to justice individuals who choose to commercialize and profit from protected wildlife species.”
Collalto, a breeder and collector of reptiles, pleaded guilty to three counts of illegal transport of wildlife and one count of illegal receipt of wildlife, which are misdemeanors under the Lacey Act. In court documents, Collalto admitted that between 2011 and 2012, he knowingly participated in violations, which involved the illegal collection, transport, and receipt of snakes that were collected from and protected by New Jersey and Oregon.
Under the Lacey Act, it is illegal to knowingly ship or receive snakes in interstate commerce that were taken in violation of state law. Collalto collected protected corn snakes and coastal plains milk snakes from the wild in New Jersey, and transported them to his residence in New York. Collalto sold and exchanged the illegally obtained snakes with Gerard Kruse in Douglaston, New York. Kruse personally collected protected northern pine snakes from the wild in New Jersey and traded one to Collalto in Pennsylvania. Kruse also sent Collalto three California mountain kingsnakes that had been illegally collected in Oregon.
U.S. District Judge Charles J. Siragusa placed Collalto on probation for four years with special conditions, including forfeiture of his snakes and being banned from the collection, sale, and trade of reptiles and amphibians. Collalto was also ordered to pay a $5,000 fine to the Lacey Act Reward Account and complete 300 hours of community service. The Lacey Act Reward Account is used to pay for rewards for information on wildlife crimes and care for live wildlife seized by the U.S. Fish and Wildlife Service.
In 2016, two other people were sentenced in connection to Operation Kingsnake:
- Gerard Kruse, of Douglaston, New York, was sentenced to probation for three years with special conditions, including forfeiture of his snakes and being banned from the collection, sale, and trade of reptiles and amphibians. Kruse was also ordered to pay a $4,000 fine to the Lacey Act Reward Account and a $1,000 community service payment to the New Jersey Natural Lands Trust, and complete 400 hours of community service. Kruse pleaded guilty to 13 Lacey Act violations for his role in the trade of illegally caught snakes and admitted that between 2008 and 2012, he knowingly participated in violations, which involved the illegal collection, transport and receipt of 59 snakes that were collected from and protected by various states, including Oregon.
- Shannon Brown, of Bishop, Calif., received four years of probation with special conditions, including forfeiture of his snakes and being banned from the collection, sale, and trade of reptiles and amphibians. Brown was also ordered to pay a $6,000 fine to the Lacey Act Reward Account and complete 100 hours of community service. Brown sold, bought and traded illegally obtained snakes with Kruse.
The case was investigated by agents of the U.S. Fish and Wildlife Service. The case was prosecuted by the Justice Department’s Environmental Crimes Section, Environment and Natural Resources Division with assistance from the U.S. Attorney’s office in Rochester, New York.
Beat Foodborne Illness this Super Bowl - U.S. Department of Agriculture
WASHINGTON, Jan. 31, 2017 — As excitement for this year's Super Bowl grows, the United States Department of Agriculture (USDA) encourages consumers to use safe food handling practices at a championship level and avoid becoming one of the estimated 48 million Americans who gets sick from foodborne illnesses each year.
The Super Bowl draws over 100 million television viewers who consume approximately 1.3 billion chicken wings during game day parties. With an average National Football League game taking more than 3 hours to play, Americans will be mixing plenty of football watching with food during Super Bowl parties.
At these parties, it is vital to keep foods out of the "Danger Zone," which is the temperature range between 40 °F and 140 °F. When foods are left in the "Danger Zone," bacteria can multiply rapidly, causing a single bacterium to multiply to 17 million in 12 hours. Avoid serving Super Bowl favorites, such as pizza and chicken wings, at room temperature for the entire game.
When serving food or ordering takeout food, use the following game plan:
- If warm takeout foods are to be served immediately, keep them at 140 °F or above by placing in chafing dishes, preheated warming trays or slow cookers.
- If take-out foods will not be served immediately, either keep them warm in a preheated oven, or divide the food into smaller portions or pieces, place in shallow containers, and refrigerate. At serving time, reheat to 165 °F.
- Cold foods that are served should be kept at 40 °F or below, which can be done by nesting serving dishes in bowls of ice. Avoid storing food outside, where the sun can quickly warm foods in plastic storage containers and animals can get into.
- Start a game day tradition by using a food thermometer to ensure foods being served to guests are not in the "Danger Zone."
To ensure home prepared chicken wings are safe, follow these tips:
- Do not wash raw chicken wings. Sixty-seven percent of respondents in a 2016 FDA food safety survey indicated they washed raw chicken parts; however washing will not destroy pathogens and may increase the risk of contaminating other foods and surfaces.
Ensure chicken wings are safe to eat by verifying they have reached an internal temperature of 165 °F. Take the temperature of multiple wings in the thickest part of the wing being careful to avoid the bone.