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SPS: Sanitary and Phytosanitary Issues

Title UNITED STATES - Rules for import of dairy products into USA
Creation Date 20 Feb 2008
Last update/check 19 Mar 2014
Barrier id 085116
Sector Agriculture and Fisheries
SPS measure Non-transparent legislation
Country United States of America
Description of the measure

Grade A milk products (pasteurised products) must come from establishments on a list of Inter State Milk Shipments (IMS). To be imported into the USA, three options are available:

Option 1 - the exporting establishment must enter into a contract with a State, which must treat the exporting establishment as though it falls under its jurisdiction, and meet relevant US rules.

Option 2 - the exporting country must adopt and apply US rules.

Option 3 - the exporting countries rules must be recognised as equivalent to those of USA.

Barrier Status Monitoring solution
Actions Taken

The issue has been repeatedly brought to the attention of the USA-Food and Drug Administration (FDA), by the European Commission, but to date only 2 European companies (from Greece and Spain) have been approved under "option 1" to export to the USA.

Discussions with FDA resumed again in January 2014 with the goal to recognise equivalence of EU legislation and enforcement measures with the US rules laid down in the Pasteurized Milk Ordinance.

Hs codes
  • 04 - Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included