What is FSVP?

FSVP stands for Foreign Supplier Verification Program. FSVP is a regulation that requires importers of most foods to verify the food safety practices of their foreign suppliers.

When did FSVP go into effect?

The Foreign Supplier Verification Program regulation went into effect for most importers on May 30, 2017.

Why did the United States require FSVP?

Because of concerns regarding the safety of foreign foods Congress enacted the Food Safety Modernization Act (FSMA) – P.L. 111-353. Title III of FSMA “Improving the Safety of Public Food” directed the U.S. Food and Drug Administration (FDA) to establish the regulations. Congress enacted the law in part due to a gap in importing requirements which allowed non-resident importers to import food with no U.S. person accountable to FDA for its safety.

Can a foreign company serve as an FSVP importer or agent?

No. Only a U.S. person can act as an FSVP importer or agent. Under 21 CFR 1.500 importer is defined as “the U.S. owner or consignee of an article of food that is being offered for import into the United States. If there is no U.S. owner or consignee of an article of food at the time of U.S. entry, then the importer is the U.S. agent or representative of the foreign owner or consignee at the time of entry . . .”

What foods are exempt?

Foods that are exempt from the Foreign Supplier Verification Program include:

• Alcoholic beverages
• Meat, poultry and egg products regulated by the U.S. Department of Agriculture Food Safety and Inspection Service (i.e. subject to the Federal Meat Inspection Act, Poultry Products Inspection Act and Egg Products Inspection Act)
• U.S. food returned
• Juice and seafood products subject to the Seafood HACCP and Juice HACCP regulations
• Certain food imported for research or evaluation
• Food imported for personal consumption
• Food imported for transshipment or processing and future export

What must you do to comply?

Importers must write and implement an FSVP program that identifies and evalautes the hazards associated with the food and assesses the adequacy of the supplier’s controls for the hazards through specific verification activities. You must verify that the supplier is producing food to a standard consistent with the Preventive Controls for Human and Animal Food Rules and Produce Safety Rule. You must also verify that the food is not adulterated or misbranded with respect to allergen labeling.

Must an importer take corrective action when a supplier violates FDA regulations?

When an importer becomes aware that a supplier is violating FDA food safety regulations they are required to take corrective action. FDA therefore recommends importers monitor the compliance status of foreign suppliers to assess whether corrective actions are necessary.

Does FDA have modified requirements for foods produced in certain countries?

Yes. FDA has recognized Canada, New Zealand and Australia as having comparable food safety systems. Because of this certain foods from these countries are subject to simplified verification requirements.

Did FDA provide special procedures for small importers?

Yes. Because of concerns regarding the impact of the regulations on small businesses, FDA provides for a Very Small Business Importer FSVP with less burdensome requirements.