Under the Foreign Supplier Verification Programs for Importers of Food for Humans and Animals rule (21 CFR part 1, subpart L; 80 Fed. Reg. 74226) (FSVP rule), importers are required to perform certain risk-based activities to verify that the food they import into the United States has been produced in a manner that meets applicable U.S. safety standards. Standard FSVP requirements include, but are not limited to, conducting hazard analyses for the imported food; evaluating the risk posed by a food and the foreign supplier’s performance; approving suppliers; conducting supplier verification activities; taking corrective actions (when necessary); ensuring importer identification at entry; and maintaining records. The United States and certain countries have entered into Food Safety Systems Recognition arrangements and, therefore, importers of certain foods from foreign suppliers located in those countries who are in good compliance standing with those authorities are not required to comply with these standard FSVP requirements. Instead, they can follow modified FSVP requirements in 21 CFR 1.513 if the food they import is not intended for further manufacturing/processing (21 CFR 1.513(a)(2)). If the food is not intended for further manufacturing/processing and the importer chooses to follow these modified requirements, the importer must document that the foreign supplier is in, and under the regulatory oversight of the recognized foreign food safety system, and must determine and document whether the foreign supplier of the food is in good compliance standing with the food safety authority (21 CFR 1.513(b)(1)-(2)).
Importers of certain foods from foreign suppliers located in an officially recognized or equivalent food safety system must comply with the following sections:
- 1.503 – Who must develop my FSVP and perform FSVP activities?
- 1.509 – How must the importer be identified at entry?
- 1.510 – How must I maintain records of my FSVP?
- 1.513 – Requirements as stated in section 1.513
The FSVP requirements for food imported from foreign suppliers located in countries with comparable or equivalent systems only applies to a food not intended for further manufacturing or processing, which includes packaged food products and raw agricultural commodities not intended to be commercially processed further before consumption, and the food must be within the scope of the country’s official recognition or equivalency determination.
