The FSVP regulation does not apply to certain meat, poultry, and egg products that at the time of U.S. entry are subject to USDA regulation, as follows (see 21 CFR 1.501(h)):
Meat food products that, at the time of importation, are subject to the requirements of USDA under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.).
The FMIA regulates the inspection of the following species: cattle, sheep, swine, goats, horses, mules or other equines, including their carcasses and parts. It also covers any additional species of livestock that the Secretary of Agriculture considers appropriate. In addition, under the FMIA, the USDA regulates fish of the order Siluriformes and products derived from these fish. Food from other animals (e.g., bison, rabbits, game animals, and all members of the deer family including elk (wapiti) and moose) is not subject to the requirements of the FMIA at the time of importation and therefore would be subject to FSVP. In addition, products with 3 percent or less raw meat; less than 2 percent cooked meat or other portions of the carcass; or less than 30 percent fat, tallow or meat extract, alone or in combination; and closed-face sandwiches are not subject to the requirements of the FMIA at the time of importation and therefore would be subject to FSVP.
Poultry products that at the time of importation are subject to the requirements of the USDA under the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.).
The PPIA defines the term poultry as any domesticated bird. USDA has interpreted this to include domestic chickens, turkeys, ducks, geese and guineas, ratites and squab. Products containing either less than 2 percent cooked poultry meat; or less than 10 percent cooked poultry skins, giblets, fat and poultry meat (limited to less than 2 percent); and closed-face sandwiches are not subject to the requirements of the PPIA at the time of importation and therefore would be subject to FSVP. In addition, food from all non-specified birds, including wild turkeys, wild ducks, and wild geese, is not subject to the requirements of the PPIA at the time of importation.
Egg products that at the time of importation are subject to the requirements of the USDA under the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.).
Egg products are made from the shell eggs of domesticated chicken, turkey, duck, goose or guinea. USDA defines “egg product” to include dried, frozen, or liquid eggs, with or without added ingredients, but mentions many exceptions. Note that egg products do not include shell eggs. Also, egg products do not include, among other foods: egg substitutes, cooked egg products, freeze-dried products, imitation egg products, dietary foods, dried no-bake custard mixes, egg nog mixes, acidic dressings, noodles, milk and egg dip, cake mixes, French toast, sandwiches containing eggs or egg products, and balut and other similar ethnic delicacies.
