Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin instagram youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • Food Safety Five Newsreel
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • eBooks
    • Sponsored Insights
    • Sponsored White Papers
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • MORE
    • BUYER'S GUIDE
    • NEWSLETTERS >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • FSM FEATURES
    • FSM Features Collection
    • eMag Archives
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
RegulatorySupply ChainFDAGuidelinesInspectionInternational Standards/HarmonizationImports/Exports

Assistance with U.S. FDA’s Detention Without Physical Examination

May 21, 2013

The Federal Food, Drug, and Cosmetic Act authorizes the U.S. Food and Drug Administration (FDA) to refuse admission of articles to U.S. that appear to be in violation of FDA regulations. When evidence suggests that a company’s future shipments will also be in violation, FDA may place the company on an Import Alert. These alerts instruct FDA inspectors to automatically detain all shipments from the companies included on the Red List of the Import Alert. This automatic process is called Detention without Physical Examination, or DWPE.

Once a firm becomes subject to FDA’s DWPE, all shipments from that firm will be detained by FDA for as long as the company remains on the Import Alert, even after corrective actions have been put in place to bring the products into compliance with U.S. FDA regulations. For each detained shipment, the firm must contact FDA with evidence of the compliant nature of the shipment in order to request that the shipment be allowed to proceed into the U.S without a DWPE.

In order to stop the DWPE process, a formal petition must be submitted to FDA’s Division of Import Operations and Policy (DIOP). This petition must clearly detail to FDA the corrective actions taken to ensure that the problems that caused the items to be placed on Import Alert have been eliminated and will not reoccur.

In addition, most (though not all) Import Alerts require that the petition for DWPE removal include documentation of at least five of the firm’s most recent and consecutive shipments that have been cleared for release to the U.S. by the FDA. The DIOP inspector may require additional shipments at their discretion. Accordingly, depending on the frequency of shipments, there may be a significant delay between when the corrective actions take place and when the petition from DWPE removal should be submitted. Except in certain circumstances, such as Import Alert 16-120,[1] we recommend that firms continue to ship their products to the U.S. while subject to DWPE in order to accrue the necessary number of cleared shipments.

Once the problems have been corrected and a minimum of five shipments have been cleared by FDA for entry to the U.S., a petition may be drafted compiling the documentation and evidence to convince FDA that the products are no longer at risk of being in violation of U.S. regulation. The review process for this petition by DIOP can take several months before a final decision is reached.

In a recent conference call with DIOP, an FDA official indicated that well-organized petitions, like those prepared by some consultants, move more quickly through FDA’s review process. Keep this in mind should your company need to file such a petition.

Reference
1. fda-news.registrarcorp.com/2013/01/us-fda-detention-without-physical-examination-dwpe/.

www.registrarcorp.com

>
Author(s): Coley Anderson

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

Share This Story

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Microbiological Control
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Sanitation
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    International
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to Newsletters
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Top view portrait of two factory workers standing by conveyor belt during quality inspection at food production, copy space
    Sponsored byFlexXray

    Foreign Material By the Numbers: What the 2026 Benchmark Report Reveals

  • a conveyorized industrial metal detector system that appears to resemble a Loma Systems IQ4 Metal Detector setup with an integrated conveyor belt and control panel for food or package inspection.
    Sponsored byMettler Toledo

    Beyond Detection: How to Avoid Physical Contamination in Food Through a Smarter Inspection Strategy

  • The image displays a bottling plant production line, commonly used in the beverage industry for filling and packaging soft drinks.
    Sponsored byBIOIONIX

    Sustainability with ROI: A Beverage Producer Case Study in Water Savings

Popular Stories

chemicals in beakers fda logo overlay

FDA Quietly Included Provision in GRAS Proposed Rule to Expand One ‘Loophole’ While Tightening Another

Genome sequencing data and lab equipment

Whole Genome Sequencing in Food Safety: Non-Technical Systems Barriers and Opportunities for Enhanced Global Use

couple of customers buying food together in grocery store, wheeling cart. Buyers shopping in supermarket. Choosing fresh food concept

Refrigerator Cyberattack at Hundreds of Stores in France, Other Countries Results in Mass Food Losses

allergens ebook

Events

October 29, 2026

FDA Proposes Major GRAS Reform: What It Could Mean for Your Business

Live: October 29, 2026 at 2:00 pm EDT: Attend this webinar to examine potential implications for self-GRAS, Flavor and Extract Manufacturers Association (FEMA) GRAS, and food-contact substances.

November 5, 2026

How Middle Managers Shape Food Safety Culture and Risk Performance

Live: November 5, 2026 at 11:00 am EST: From this webinar, attendees will learn how investing in middle managers improves both FSQ strategy implementation and accountability across all levels of the company.

November 12, 2026

From Data Overload to Actionable Food Safety Risk Intelligence

Live: November 12, 2026 at 11:00 am EST: This webinar explores how data integration, advanced analytics, and digital technologies can help transform disparate information into meaningful risk intelligence.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • Reduction in the Number of Food Facilities with Valid U.S. FDA Registrations

    See More
  • three chickens in cage

    Canada Updates Salmonella Testing Regulations for Hatcheries, Poultry Breeders to Align With U.S., EU

    See More
  • baby looking up while being bottle fed

    Singapore to Allow New Ingredients in Infant Formula, in Alignment with U.S., EU

    See More

Related Products

See More Products
  • Food-Forensics-3D.jpg

    Food Forensics Handbook Practice, Instrumentation, Case Studies

  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • food-safety-making.jpg

    Food Safety: Making Foods Safe and Free From Pathogens

See More Products

Related Directories

  • U.S. Packaging & Wrapping LLC

    Focused on customer packaging solutions, U.S. Packaging & Wrapping can assist with product preservation and protection. Sales staff can assist with modified atmosphere packaging, shrink wrapping, and safely securing pallet loads. Call to speak with a representative today.
  • PATLITE (U.S.A.) Corp.

    Since 1947, PATLITE has offered state-of-the-art equipment for the process and industrial automation industries. Innovative and durable design, backed by years of industry experience and a strong commitment to safety and security, has made PATLITE the world's best-known manufacturer of visual and audible signaling devices.
×

Never miss the latest news and trends driving the food safety industry

Newsletters | Website | FSM Features Collection

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing