The Final Rule on Foreign Importer Verification Program was published on Novermber 17, 2015 to verify that food imported into the United States has been produced in a manner that provides the same level of public health protection as that required of domestic food processors and produce farms, and is not adulterated or misbranded with respect to allergen labeling, importers will be required to perform risk-based activities. It requires importers to take responsibility for the safety of the food they import and will serve as an additional preventive measures on the system.
Starting May 27, 2017, the FDA will begin implementing the FDA’s Food Supplier Verification Program (FSVP).
A quick overview of Who Is the FSVP Importer?
The FSVP Importer might be, but is not necessarily, the same party as the Importer of Record. The FSVP importer must be a U.S. party with a direct financial interest in the food product. Specifically, the FSVP Importer is:
• The U.S. owner or consignee of the product
• If there is no U.S. owner or consignee at the time of entry, the foreign owner of the food must appoint a U.S. agent who will be responsible for ensuring that supplier verification activities are conducted for each food product imported. The FSVP agent must be designated in a written document with signed consent by the agent. The FSVP agent should not be confused with the agent for food facility registration. They serve separate and distinct roles.
The FDA defines U.S. owner/consignee as the person who, at the time of entry, owns the food, has purchased the food, or has agreed in writing to purchase the food.
As a Customs Broker, what do we need from each of our client?
– The Name, Contact info, DUNS # and FDA registration number of the FSVP Importer must be provided in ACE at the time of entry
To obtain Duns#, please go to this link
Some products are exempt, if you are importing products listed below, there is no action required from you.
- Fish and fishery products that are imported from a foreign supplier that is required to comply with, and is in compliance with, FDA’s Hazard Analysis and Critical Control Point (HACCP) regulations for those products, as well as for certain raw materials or other ingredients for use in processing fish or fishery products in compliance with HACCP.
- Juice products that are imported from a foreign supplier that is required to comply with, and is in compliance with, FDA’s HACCP regulation for those products, as well as for certain raw materials or other ingredients for use in processing juice in compliance with HACCP.
- Food for research or evaluation
- Food for personal consumption
- Alcoholic beverages and certain raw materials and ingredients that are imported for use in alcoholic beverages
- Food that is imported for processing and future export
- Low-acid canned foods, such as canned vegetables, but only with respect to microbiological hazards
- Certain meat, poultry and egg products
- Food that is transshipped, meaning it stops in the U.S. en route to another country.
- U.S. food that is exported and returned without further manufacturing or processing in a foreign country
Useful Information / Key points can be found below: