Food Safety Modernization Act (FSMA) – Foreign Supplier Verification Program

In 2011, the US Government passed the Food Safety Modernization Act (FSMA). The purpose of this legislation is to prevent contamination rather than simply reacting after a problem is discovered. The FSMA implementation will occur in stages, one of which will go into effect on May 30th, 2017. This stage is called the FSVP, or Foreign Supplier Verification Program. The FSVP will have a direct impact on both resident (US based) and non-resident (foreign based) importers.

Non-resident importers will now be required to provide two data elements, at the time of entry, to obtain FDA release of their goods into the Customs territory of the United States. These two elements are: The name and contact information of the person (at the US buyer) that will be responsible for the FSVP activities and the DUNS number of the US party. The DUNS number is a unique, nine (9) digit, number for each physical location of a business.

Resident importers and buyers of foreign manufactured and grown food may need to perform a variety of functions in order to be in compliance with the FSVP. The main responsibility will be to have a qualified individual to develop a foreign supplier verification program for their company. Additionally, this employee will need to perform hazard analysis, evaluate risks, conduct supplier verification, and take corrective action (if needed). The foreign suppliers will need to be reevaluated every three (3) years.

Please note that juice, seafood, certain meat, poultry and egg products are not covered in the FSVP. Additionally, food that is manufactured, grown or processed in the United States, exported and returned without further processing is also exempt.

FSMA final rule on the FSVP

FSVP Fact Sheet

DUNS Numbers can be obtained by US parties here

More information on the FSMA can be found at the FSMA Technical Assistance Network (TAN)

FSMA Rules and Guidance for Industry