CSMS Message: 17-000439

Due to current issues impacting ACE Portal & Entry Summary and Manifest processing issues in Prod (See CSMS 17-000436) FDA and CBP will be posting prior notice contingency scenario 5. All FDA systems are operational including PNSI.

Filers may submit prior notice via PNSI (http://www.access.fda.gov/). Prior notice confirmation numbers must accompany articles of food (21 CFR 1.279(g)). If prior notice is submitted through PNSI, FDA and CBP recommend that the PNSI confirmation page, including the prior notice confirmation number and time stamp, be presented to CBP officers for cargo release.

If prior notice has already been submitted via ACE prior to the processing delay and confirmation has already been received, the submitter may proceed with prior notice using the standard process. If prior notice has already been submitted via ACE and confirmation has not been received prior to the maintenance period, FDA and CBP recommend that, rather than resubmitting via PNSI, submitters should provide to CBP officers an endorsed (signed) copy of the ABI transmission or some other evidence adequate to show that prior notice has been submitted via ACE.

If prior notice has not already been submitted, ABI filers may decide to wait to file prior notice until the system is functional, if they determine that the timeliness of prior notice will not be adversely affected. Filers who choose this option should understand that they remain responsible under section 801(m) of the Act and under the prior notice interim final rule for filing timely prior notice.

Questions regarding prior notice during this downtime should be presented to the FDA's Division of Food Defense Targeting 24/7 at (866) 521-2297 .

FDA ACE Support can be contacted from 6:00 AM -10:00 PM Eastern, 7 days a week, at ACE_Support@fda.hhs.gov or 877-345-1101 for ACE inquiries.