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The National Customs Brokers & Forwarders Association of America said the FDA needs to address
a few remaining issues in its recently issued guidance document on upcoming cosmetics registration and
product listing requirements.
In its comments, dated Jan. 18, the NCBFAA asked for four main issues to be addressed in the newregulations. It said the FDA needs make sure that it avoids having a customs broker or U.S. warehouse beidentified as the “agent” without their knowledge or consent. That point was brought up in NCBFAA’s previous comments in September 2023 (see 2309050042).
"This frequently occurred with food facility registrations until the FDA established a process where
the agency sends an email to the designated agent to confirm that he or she does indeed agree to serve as
the agent,” the NCBFAA said. The trade association encouraged the FDA to adopt a similar process for
cosmetics.
The trade association also said that the system should allow agents, customs brokers and importers to see the facilities where they have been listed as an agent. This would provide “another mechanism” to ensure that U.S. agents can “fulfill their proper role,” the NCBFAA said.
The guidance also should state the role of the registration agent and “specifically delineate” the registration
agent’s role and the role of the “'responsible party'” identified on the label, the association said.
The NCBFAA also said it hopes to hear from the FDA what it plans to require for cosmetic products
when they are filed in ACE at entry. The trade association pointed out that changes in the FDA Message Set
requires programming by CBP, software vendors and customs brokers. That requires a “minimum of 90 to
120 days to accomplish” and longer for extensive changes, the NCBFAA said.
"We encourage you to work with the FDA Imports Enforcement branch, CBP, software vendors and customs brokers at your earliest opportunity so we can be ready on July 1,” the NCBFAA said (see 2311080085). The FDA didn’t comment. —NG
