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New FDA Import Alert to Enforce the Foreign Supplier Verification Program (FSVP) Rule

08/12/19: FDA has recently published Import Alert 99-41, “Detention Without Physical Examination of Human and Animal Foods Imported from Foreign Suppliers by Importers Who Are Not in Compliance with the Requirements of the Foreign Supplier Verification Program (FSVP) Regulation”. While most of FDA’s import alerts target foreign manufacturers and shippers, this new import alert specifically targets US importers.

An importer may be added to the Red List of this import alert if FDA inspects the company and finds that it is not in compliance with the FSVP requirements for any human or animal food it imports unless that food is specifically exempt by regulation.  FDA may detain, without physical examination, any foods imported by an importer identified on the Red List, for the foods identified in the list.

If the importer is unable to overcome the detention, FDA will refuse admission of the shipment and require the shipment to be re-exported or destroyed under FDA or Customs supervision. FDA may continue to detain, without physical exam, the importer’s foods until the importer successfully petitions FDA to be removed from the Red List. For more information on when and how FDA places companies and products on import alerts and how to be removed from an import alert’s Red List, click here.

FDA has already been inspecting importers of all sizes, including small companies, to ensure they are complying with the FSVP regulation and has issued citations to companies that failed to have proper FSVPs. Now that FDA has published Import Alert 99-41, it is now more important than ever for importers to ensure they have adequate FSVPs!

Contact FDA Specialist today to see how we can assist in you in ensuring you will pass an FDA FSVP inspection and avoid being placed on Import Alert 99-41!

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Richard Chiang worked for the FDA for 13 years beginning as a field investigator and entry reviewer and later worked at the FDA’s headquarters Center for Food Safety and Applied Nutrition (CFSAN)

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