Your eyes and hands in India · Est. 2019 · Replies within one working day

What is the FSVP rule for US importers?

FSVP is the FSMA rule that makes the US importer responsible for verifying that foreign suppliers produce safe food. You need a written programme for each food and supplier.

· 3 min read · Creston & Co

The Foreign Supplier Verification Programs (FSVP) rule makes the US importer responsible for checking that each foreign supplier makes food to US safety standards. It is part of the Food Safety Modernization Act (FSMA).

In practice, if you import Indian pickles, snacks, pulp or spices into the US, you need a written programme for each food and each supplier. Your supplier's certificates help, but they do not replace your own programme.

Who is the FSVP importer

The FSVP importer is usually the US owner or consignee of the food when it enters. If there is none, it is the US agent or representative of the foreign owner. That party must be named at entry, with its identifier. If nobody in the US fits, the shipment is hard to clear. Agree this before the first order, especially if a US customer buys from you on delivered terms. A broker can help you decide who should take the role.

What the programme must contain

  • Hazard analysis: the known or foreseeable hazards for each food, such as Salmonella in spices, aflatoxin in peanuts or under-processing in canned foods.
  • Supplier evaluation: the supplier's food safety performance, its procedures and its compliance history, including FDA warning letters and import alerts.
  • Supplier approval: a documented decision to approve each supplier before you import.
  • Verification activities: for example onsite audits, sampling and testing, or review of the supplier's safety records. Serious hazards often call for an annual onsite audit.
  • Corrective actions: what you do if a supplier or food fails.
  • Reassessment: review the programme at least every three years, or sooner if you learn of a problem.
  • Records: kept in English and available to the FDA on request.

Who can do the work

The programme must be developed and run by a qualified individual, someone with the training or experience to do it. Modified, lighter requirements apply to very small importers and some other categories. Check the FDA's guidance to see whether they apply to you.

Testing should use a competent lab and properly drawn samples. How to read a lab certificate explains what to look for in the results you file.

What to ask your Indian supplier

  • Its FDA facility registration details, as covered in US FDA facility registration.
  • Its food safety plan or HACCP plan for your product.
  • Its latest third-party audit report and certificate.
  • Batch test results for the hazards in your analysis.
  • Notice of any change in ingredients, process or site.

How we help

We cannot act as your FSVP importer, but we can supply much of the evidence your programme needs. That includes onsite audits of the Indian plant, independent NABL lab tests on samples we draw and supplier documents gathered in English. Discuss it in a free sourcing review.

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