Before your products arrive in the United States, you must have a Foreign Supplier Verification Program (FSVP) Plan in place. If you don’t have a physical presence in the USA, then you need to then appoint an FSVP Agent to communicate with the FDA. However, there are a few things you need to know before you start drafting up an FSVP Plan and finding an FSVP Agent.
What is FSVP?
The FSVP rule is a requirement under the Food Safety Modernization Act (FSMA) which created as a preventive measure to prevent foodborne illnesses in the USA. FSVP rule is a way to ensure foreign food suppliers are following the same food safety standards as those required in the USA.
Who must comply with FSVP?
All importers who import food into the USA must comply with the FSVP. If you are a USA based importer and your food is coming from a foreign supplier, you must have an FSVP Plan in place before importing your products. If you do not have a representative in the USA, then you will need to appoint an FSVP Agent. The FSVP Agent must be physically located in the USA and will act as your company’s liaison with the FDA.
What happens if you don’t comply with the FSVP?
If you do not comply with the FSVP, you will not be allowed to import your food products into the US and they will be denied entry at the port.
What is an FSVP Plan?
An FSVP Plan is a document that describes the processes importers follow to ensure their foreign suppliers comply with FDA regulations. Without an FSVP Plan, the FDA can stop your products from being imported, even if your products are considered safe.
How can I obtain an FSVP Plan?
Only a “qualified individual” can develop an FSVP Plan. If you do not have qualified regulatory experts employed at your business then you will need to engage a firm to assist with the FSVP Plan process. If you need assistance or have question about complying with the FSVP rule please contact our specialists at Morsel Law.