Letter to Ed Avalos, Under Secretary for Marketing and Regulatory Programs U.S. Department of Agriculture, Deputy Commissioner for Foods and Veterinary Medicine U.S. Food and Drug Administration - Cross Border Trade

Letter

Dear Under Secretary Avalos and Deputy Commissioner Taylor,

We write to inquire about the Department of Agriculture's (USDA) and the Food and Drug Administration's (FDA) current produce inspection regime and related delays.

As you know, more than 5.7 billion pounds of fresh produce worth approximately $3 billion cross the U.S.-Mexico border into Arizona every year. This trade is vital to the U.S. economy and the economy of southern Arizona.

Cross-border produce shipments undergo an initial inspection for pests, pesticide residue, as well as prohibitive substances and cargo. Trucks are then sent to a cold storage facility where the produce is removed and inspected by the State of Arizona to determine quality and freshness for USDA market orders. The State of Arizona also conducts spot checks for pests and other items that may be seen as biological threats to the state's agriculture.

It is our understanding that some inspections require samples to be sent to labs outside of Arizona and that such testing can take as long as eight days. Delays such as these can have severe impacts on the freshness and quality of produce shipments, negative economic impacts, and harm the free flow of commerce across the border.

With these considerations in mind, we request answers to the following questions:

How does USDA determine the optimal time for produce to be stored in cold storage facilities while waiting for necessary testing to be completed?
What steps are taken to ensure spoilage and/or waste due not occur due to these wait times?
What are the average inspection processing times for produce seeking to clear inspection for each port of entry along the southern border?
Where are the current locations of labs utilized for cross-border produce inspections? Please identify which labs receive samples from each specific port of entry along the southern border.
Please provide the volume of cross-border produce shipments for each of the ports of entry along the southern border.
What steps have your agencies taken to ensure the most efficient means of carrying out inspection regime associated with cross-border produce shipments?
We appreciate your attention to this request and would appreciate a written response. We ask that you handle this matter in accordance with all agency rules, regulations, and ethical guidelines.

Sincerely,

JEFF FLAKE

United States Senator

JOHN MCCAIN

United States Senator

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