Q I am traveling in Japan and tried to send a gift containing tea and snacks home to my family in America. When I went to the post office I was informed that due to the Bioterrorism Act, I must have a confirmation from the FDA before I can send any postal item containing food. Isn't there some exception for people who only want to send pre-packaged gifts to their family?
Rachel Burke
Fukuoka, Japan
A The Bioterrorism Act requires that the U.S. Food and Drug Administration be given advance notice of food shipments imported to the United States as of Dec. 12, 2003. If you read the letter of the law, all food gifts mailed to the United States are covered, but an FDA spokesman indicated that gifts can be mailed without fear of reprisal.
Domenic J. Veneziano, a spokesman for the agency, said in an e-mail that your situation "falls under a special FDA category of a food that is imported for non-business purposes using a non-commercial shipper.
"In this case, even if the required prior notice information has not been provided, FDA and the CBP [U.S. Customs and Border Protection] typically will not take regulatory action unless they feel that the shipment poses a significant health risk," he said.
Veneziano also noted, however, that this leeway applies only to food shipped between two individuals. "If instead the gift was purchased at a store and shipped by the store, the prior notice requirements would be enforced even if the item was for personal use," he said.
The law does provide some clear exceptions to the prior-notice requirement, including food that is prepared by an individual in his home and then shipped as a personal gift to someone in the United States, and food that is carried in a person's luggage for personal use.
For more information on the new regulations: 800-216-7331, www.access.fda.gov.
My wife and I will be celebrating our 25th anniversary. I have often dreamed of flying to somewhere over the international date line, then flying back to Hawaii in time to celebrate it again. Are you aware of any destination that would make this possible and isn't cost prohibitive?
