Debunking Four Myths About FSVP

For some companies participating in food shows in America, the old ways of doing business seem tried and true. But the new realities of the Food Safety Modernization Act require changes in how international exhibitors conduct business. Misinformation about the new regulations still abounds, and myths continue to circulate about Food Supplier Verification Programs (FSVP). Here are four of those myths and the truths that every international exhibitor should know.

Myth: We can carry food samples in our luggage or ship them to our hotel room. If we don’t ship directly to the show, we can bypass the FSVP regulations.

Truth: International exhibitors attending U.S. shows sometimes tuck samples in their luggage or ship food to their hotels or a warehouse in the U.S. thinking this will save them from having to identify an FSVP Importer on their Customs documents. However, where you ship your products destined for a U.S. food trade show has no bearing on the FSVP requirement. All imported food entering the U.S. is subject to FSVP with few exemptions. Trade shows are included in the FSVP regulation. The law is not ambiguous: the Food and Drug Administration (FDA) requires foreign trade show exhibitors to appoint a U.S.-based agent to act as the FSVP Importer for entries of food samples consumed at a trade show. Should the FDA determine that a company is non-compliant with FSVP regulations, it has the authority to issue consequences that can range from warning correspondence to being placed on import alert, and if it considers the violation severe, it can suspend facility registration and halt entry of the food preventing its distribution. Although smaller companies may have limited technical capabilities or financial constraints, FDA expects that all companies will act in good faith to observe the FSVP rule. It’s expected that FDA will ramp up inspections both at facilities and its examination of records this year. Ensuring your food is FSVP-compliant is a fundamental aspect of participating in a U.S. food show if you are an international exhibitor.

Myth: If a food sample has a value that is under $800, it will be cleared upon arrival in the U.S. and does not require an FSVP.

Truth: The value of the food import does not determine FSVP exemptions; FSVP is based on the commodity. According to FDA guidance, the only instances where FSVP is not required on imported food are: juice, fish and fishery products (and certain of their ingredients) subject to HACCP regulation; food for research and evaluation (trade shows are not considered scientific testing); alcoholic beverages (and certain of their ingredients); food imported for processing and future export; low-acid canned food (and certain of their ingredients) as related to microbiological hazards covered by other regulations; certain meat, poultry and egg products regulated by the U.S. Department of Agriculture.

Myth: We are a marketing company of foods; we are not the producer. Since we aren’t the manufacturer of the food we are exhibiting at a show, we do not need an FSVP for this food.

Truth: The FSVP rule applies to all food imported into the U.S. It does not adjust based on who is organizing the exhibit at a food trade show. A marketing company must secure documentation from the producer/supplier that each food being imported into the U.S. for a show is compliant with the law. It is necessary to obtain an FSVP Importer for foreign food entering America so that this food can be verified to have been produced in accordance with U.S. food safety standards. Having written documentation that FSVP requirements have been met is mandated for food being brought into the country. The FDA may request these records, and if so, the records must be available to the FDA within 24 hours and may extend to the prior two years. FDA has the authority to take regulatory action against any importer who fails to furnish assurance of the safe food process. Some estimates suggest that over 50,000 importers are covered by FSVP or some portion of it. If you are a marketing company presenting food from different producers at a U.S. trade show, you will need to confirm that an FSVP has been conducted for each food type.

Myth: Our freight forwarder/Customs Broker isn’t asking us for an FSVP Importer DUNS # and we have not appointed an FSVP Importer. We plan to ship our exhibit samples with this company and don’t anticipate any problems.

Truth: All food subject to FSVP requirements must have the FSVP Importer identified at the time of entry. A Customs broker is required to enter the DUNS # (data universal numbering system) of the FSVP Importer into the ACE system. Food shipments arriving in the U.S. without an FSVP Importer DUNS # will not be allowed into the country. A UNK code is not acceptable. Only some fresh produce, fish products and animal food are still outside of the current FSVP compliance dates. An FSVP Importer DUNS # is necessary for each entry line of food. Although there may not be scrutiny of FSVP Importer information at the time of entry, the FDA might find an issue during an FDA Filer review, if the FSVP Importer’s name or contact details appear suspect, such as an e-mail address or phone number that is not in service. The FDA may then inspect the importer and investigate why incorrect information was provided. To knowingly supply a DUNS # for a company or individual who is not an FSVP Importer or falsely claims to be an FSVP Importer is an act of fraudulence that violates FSVP regulation. For a company looking to establish or expand distribution in the United States, this is not the way to get off to a compliant start with the FDA. Some members of the food industry believe that there will be more governance regarding FSVP Importers in the foreseeable future.