Ann: Deferral of FDA consideration of enforcement discretion, page-136

More from nzherald:

"NZ infant formula imports are "not needed" long term, says a US dairy industry voice"

"The US dairy industry's voice in Washington has scotched speculation it is blocking New Zealand efforts to help relieve America's acute infant formula shortage and get a toehold in the lucrative market - but is clear it would oppose our product imports long-term."


"NMPF's Morris said she did not know why the FDA had accepted emergency supply applications from some other countries and companies and not yet from at least New Zealand companies that she knew of.
"It's not that the (US) dairy industry is standing in the way of this. I can't comment on the grounds for which the FDA thought some have fallen short."
Asked if her powerful lobby organisation was opposed in any way to New Zealand infant formula importing, she said it was supportive of short-term steps - whether by regulation or tariff changes - to ensure product the FDA felt comfortable with was allowed into the US market.
"We certainly are not at all supportive of long-term policy change. We do not have a long- term production disruption here in the US this year as a reason to put in place regulatory or tariff changes that extends into the future."

To the question of whether the NMPF was under pressure from its constituents to take a stand against infant formula importing from New Zealand, Morris said "it is simply not needed".
"We've had a very short-term, very abnormal issue. What we have dealt with this year is not a shift longer term - there's no basis for a long-term policy shift."

"The FDA last week said it had approved emergency imports totalling an estimated 18.4 million cans.
It said it would "exercise enforcement discretion" until November 14 to increase infant formula supplies in the US.
It did not intend to require imported product in the market after that date to be removed.
To date, the FDA has approved imports from Australia, Ireland, the UK, Singapore, Spain, and Germany and Mexico (Nestle).
The only New Zealand acceptance was Danone NZ in late June, when 555,000 cans - equivalent to around 16.5m 8oz bottles - were approved."

"Infant formula exports earned New Zealand $1.8 billion in 2020, but returns are forecast by the Ministry for Primary Industries to fall below $1.5b this year and in the next two years, before rising back to around $1.8b in 2026."