WHAT IS THE FOOD SUPPLIER VERIFICATION PROGRAM (FSVP).

WHAT IS FSVP?
~~~~~~~~~~~~
A central feature of the Food Safety Modernization Act (FSMA), the FSVP is intended to be a flexible, risk-based program to verify foreign suppliers and the safety of the food they produce. FSVP will require:

Identification of the "FSVP importer" for food products imported into the U.S.
The FSVP Importer is responsible for establishing foreign supplier verification programs to verify that their foreign suppliers are using safe processes and procedures and that the food is not adulterated or misbranded. 

The FSVP Importer must be identified on entry documents after MAY 30, 2017. As for importer responsibilities to verify foreign suppliers, we expect the FDA will do "soft" compliance initially, recognizing that this is a major change for importers. Nevertheless, each importer must determine if they are the FSVP Importer (and if not, who is) so they can begin efforts to verify foreign suppliers.



DETERMINING 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. 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 (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 the importer, it will be your duty to provide us with the FSVP Importers contact information, DUNS # and food facility registration number. If Importer of Record is the U.S. owner  or consignee, they are by definition the FSVP Importer. (Please note, Customs Brokers, warehouses or other similar intermediaries are not considered by FDA to be the FSVP Importer because they are not an owner or consignee and do not have a direct financial interest in the food product).

If the owner of the food product is not a U.S. person, then the foreign owner can designate a U.S. agent, with the agent's consent in writing, who will then become the FSVP Importer responsible for ensuring that supplier verification activities are conducted for each food product importer. This role required affirmative steps to ensure that supplier verification by a qualified individual takes place. A number of FSVP-oriented consultants are available to assume this role. The FSVP agent should not be confused with the agent for food facility registration. They serve separate and distinct roles. 

Some food products are exempt (juice under HACCP, seafood, alcoholic beverages, among others). And since Canada and New Zealand are recognized as having food safety systems comparable to the U.S., the verification activities for foods produced in Canada or New Zealand are greatly reduced. Yet the FSVP Importer will still need to be identified in ACE at entry. 



OUR DUTY AS YOUR CUSTOMS BROKER:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
As our client, we want to make sure that you are well aware of FSVP. We have provided additional sources should you require any more information. Useful information can be found by clicking hereand the final rule can be found by clicking here. 

After MAY 30, 2017, for each line entry of food produced offered for import into the U.S., we must gather the name, contact info, and DUNS number of the FSVP importer. We would also like to advise you to begin taking proper steps in preparing for FSVP. As an importer, you are at liberty to either:

Establish your own internal program to verify the suppliersUse an in-house "qualified individual"Use a third-party entity qualified to assist with the verification

While the FDA allows flexibility in determining how to verify depending on the circumstances, it is very clear the program must be rigorous enough to assure that imported food is safe. For example, the FDA identifies the following as examples of verification activities: onsite audition, sampling and testing of a food, review of the foreign supplier's relevant food safety records, and other activities that are appropriate based on the evaluation of the risk posed by the food and the foreign supplier performance.