The Foreign Supplier Verification Programs for Food Importers (FSVP), establishes guidelines for importers to vet their foreign manufacturers, ensuring that food products destined for the U.S. are safe for consumption. The FSVP was created under the Food Safety Modernization Act (FSMA). These standards of the FSVP are in line with the goals articulated in the U.S. Food and Drug Administration (FDA) Strategy for the Safety of Imported Food. The FDA seeks to ensure that foreign-manufactured food products are safe for consumption. Further, as discussed in Diaz Trade Law’s previously published blog, the FDA issued its first FSVP warning letter in September 2019, and since then has issued at least 60 more!
What Happened: FDA Opens FSVP Portal
On Monday, May 10, 2021, the FDA opened the FSVP Importer Portal for FSVP Records Submission (Portal). The FDA established the portal to provide a streamlined process to electronically submit necessary FSVP records to the FDA if they choose to (it is NOT mandatory to do so). Given the FDA’s increased enforcement in auditing FSVP records, it is highly recommended to do so.
The FDA is tasked with inspecting and verifying the FSVP records. According to the FDA, while it typically inspects the importer’s place of business, if requested in writing by the FDA, the FSVP regulation requires importers to provide FSVP records to the agency electronically, or through another means that delivers the records promptly. The advent of the online portal benefits both industry and FDA by providing each party with an easily accessible portal.
A larger potential benefit of the portal is the potential to be skipped over for a FSVP audit as your records are already accessible to the FDA.
What Can You Do?
According to the FDA, importers with an active FDA Account ID and password can access the Portal on the FDA’s Unified Registration and Listing System (FURLS) page. An importer without an existing account can create one from the FURLS page. FDA even provides the public with an interactive User Guide for the Portal, which is available on the FURLS page.
If you do NOT have your FSVP in place or need assistance in vetting or improving your plan, Diaz Trade Law can assist you. If FDA’s has audited your FSVP and found it to be inadequate, and issued you a warning letter, Diaz Trade Law can assist you.
Diaz Trade Law provides FDA compliance assistance for all FDA regulated products and assists in mitigating enforcement actions. Pre-Compliance assistance assists in preventing costly and timely delays. If you have any questions regarding the FSVP portal or any other FDA, customs, or trade matter, contact us today at email@example.com or 305-456-3830.
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