What is FSVP?
It is a program that importers covered by the rule must have in place to verify that their foreign suppliers are producing food in a manner that provides the same level of public health protection as the preventive controls or produce safety regulations, as appropriate, and to ensure that the supplier's food is not adulterated and is not misbranded with respect to allergen labeling.
At Capote Law Firm, we can guide your company and help implement the program to ensure compliance with the FSVP rule. Our FSVP program is tailored to your company. We create, implement, manage and/or train someone to manage as per your company's unique requirements.
Who is an Importer under FDA FSVP?
The US consignee or owner of the food product is considered the importer, not the importer of record. Our FDA lawyers will analyze whether or not you are considered an importer under this rule and what your requirements may be.
What Does a FDA FSVP Program Entail?
Importers are required to (1) identify and evaluate hazards in the foods they import; (2) evaluate supplier's performance and the risk presented by the food; (3) conduct supplier verification activities; (4) perform corrective actions; (5) re-evaluate and reassess the FSVP program periodically; and (6) document everything.
Who Can Develop, Implement and Perform the Activities for Your FSVP Program?
The FSVP rule states that a “qualified individual” must develop and perform each of the required activities. A qualified individual is defined as a person who has the education, training or experience necessary to perform an activity under the FSVP rule. This requirements places a burden on many companies that do not have the man-power or the budget to hire a “qualified individual” full time. Our FDA lawyers have the education, training and experience to implement an FSVP program. We can also train your staff to become qualified individuals.
What is the Deadline to be Compliant with FSVP?
May 30, 2017 – This deadline applies to companies that are not considered very small, small, and whose suppliers do not have to comply with preventative controls or produce safety. Very small companies have less then $500,000 in sales in the prior 3 years. Small companies have less than 500 full time equivalent employees.
March 19, 2018 – This deadline applies to companies who are defined as small businesses and whose suppliers do not have to comply with preventative controls or produce safety.
Mary 18, 2019 – This deadline applies to companies who are defined as very small and whose suppliers do not have to comply with preventative controls or produce safety.
There are additional exemptions and deadlines based on the type of food being imported and whether or not the foreign supplier is currently complying with preventative controls, produce safety, low acid canned foods, etc.
Capote Law Firm can provide you an analysis on your company's specific deadlines to ensure compliance.