Food safety requirements help us enjoy our favorite meals without getting sick. But they’re often challenging for food importers to follow.
The Foreign Supplier Verification Program (FSVP) is a great example of this. It applies U.S. safety standards to all food consumed in the United States — regardless of where it’s produced.[1] But the act is dense and difficult to parse. Here’s a plain-language overview of your responsibilities as a food importer under FSVP.
FSVP is a set of food safety rules created by the Food and Drug Administration (FDA). It requires importers to prove that their foreign food suppliers:[2]
The FDA created the FSVP in 2010 as part of its Food Safety Modernization Act.[3,4] The goal of the legislation was to start proactively preventing the contamination of the food supply instead of responding to it after it happens.[3]
The FSMA applies to all food facilities that manufacture, process, pack, or hold food for consumption in the U.S.[4] That means importers have to follow FSVP requirements for any company involved in handling food that will eventually be eaten in the U.S.
The FSVP was designed to make food consumed in America safer.[1] It primarily impacts importers, who now must verify any food they import meets all required U.S. safety standards.[2] There are specific requirements associated with this, including:[2]
U.S.-based food importers are subject to FSVP compliance if they own or are consignees of the food being imported [3]. There are three main classes to consider here.
According to regulations, a U.S.-based owner is someone who, when the food enters the United States, owns it or has a purchase agreement in place to buy it [3]. However, contractual elements and contingencies can impact when the purchaser takes ownership of the food [3]. This can influence who is responsible for FSVP compliance [3].
For example, you might import food with a purchase agreement that only activates when the food gets delivered on time. If it’s late, you may not technically assume ownership or the duty of FSVP compliance that comes with it.
However, this all varies by contract, so it’s worth taking a close look at yours.
Consignees are also held to FSVP standards.[2] This means you may need to follow all FSVP requirements, even if you’re not the ultimate owner of the food you’ve imported.
Many food importers will fit under either “U.S.-based owners” or “consignees” [3]. However, food importers that are not based in the U.S. may have no direct FSVP duties outside of what partners request [3].
For example, a Japanese snack producer that wants to begin selling its products in the United States may not need to make FSVP disclosures itself. But it would likely be partnering with a U.S.-based company that would need to make these disclosures.
That means the Japanese company would still need to provide the American importer with FSVP information — even though it has no direct FSVP-related legal obligations.
There isn’t a specific list of documents you’ll always need for FSVP compliance.[5] Instead, the FDA gives importers multiple ways to meet each of the key objectives it’s set.
For example, food imported into the United States must go through a hazard analysis.[5] However, you can complete the analysis in several different ways or just reevaluate an analysis another entity has already done.[5] This gives importers flexibility to meet FSVP requirements using whatever strategies work best for them.
There’s a similar level of flexibility for all other FSVP requirements, which include:[5]
That being said, here’s a list of documents importers may be asked for when being evaluated for FSVP compliance:
The U.S. imports about $200 billion annually in agricultural products alone.[6] This signifies the high demand for foreign food products in the U.S. market. However, compliance issues prevent many companies and entrepreneurs from taking advantage of the demand.
The FDA’s rules for food imports are strict and often hard to process. Missing requirements can lead to delays, spoiled food, and wasted money. That’s why many importers seek out expert help before importing food into the United States.
Deringer makes it easier to import food into the United States. We offer full-service customs, logistics, and distribution support from over 30 offices throughout the U.S. Importers rely on our expertise daily, saving time and money through our guidance.
Deringer offers a wide variety of services to meet the diverse needs of our clients, from high-level logistics strategizing to full-service meat inspection facilities with on-site USDA inspectors. Whether you want a long-term partner or one-off support, we can help.
You won’t be able to import food into the United States until you get FSVP compliant. Deringer can help your organization understand and meet its regulatory requirements with an array of import and export services.
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