Importing Processed Food into the U.S. in 2024: A Detailed Guide:

1. Understanding FSMA and FSVP:

The Food Safety Modernization Act (FSMA) represents a significant shift in food safety regulations, focusing on preventing food safety issues rather than reacting to them. Under FSMA, the Final Rule on Foreign Supplier Verification Programs (FSVP) mandates that importers must perform risk-based activities to verify that food imported into the U.S. meets applicable U.S. safety standards.

2. Key Requirements for Importing Processed Food:

a. FSVP Compliance:

Identification of the Importer: The importer is defined as the U.S. owner or consignee of the food at the time of entry, or the U.S. agent or representative of a foreign owner if there is no U.S. owner or consignee.

Development of an FSVP: Importers must develop, maintain, and follow an FSVP for each food product brought into the U.S. This program includes hazard analysis, supplier evaluation, and verification activities.

b. Hazard Analysis:

Identify Hazards: Conduct a thorough analysis to identify known or reasonably foreseeable hazards for each type of food being imported.

Evaluation of Risks: Assess the probability and severity of these hazards.

c. Supplier Evaluation and Approval:

Evaluate Supplier Performance: Review the foreign supplier’s food safety practices and compliance history.

Approval and Verification: Approve suppliers based on their ability to produce safe food and verify their compliance through audits, sampling, and testing.

d. Verification Activities:

On-Site Audits: Conduct or obtain audits of foreign suppliers to ensure they meet U.S. safety standards.

Sampling and Testing: Regularly sample and test the imported food to verify it is safe.

Review of Supplier’s Food Safety Records: Examine the supplier’s food safety records periodically.

e. Corrective Actions:

Address Non-Compliance: Take appropriate corrective actions if a foreign supplier or the imported food is found not to meet U.S. safety standards. This could include discontinuing use of the supplier until compliance is achieved.

3. Additional Considerations:

a. Documentation and Record Keeping:

Maintain Comprehensive Records: Keep detailed records of all FSVP activities, including hazard analyses, supplier evaluations, verification results, and corrective actions. These records must be maintained for at least two years.

b. Compliance with FDA Regulations:

Registration with the FDA: Ensure that both the importer and the foreign supplier are registered with the FDA.

Prior Notice of Imported Food Shipments: Provide prior notice to the FDA before the food arrives in the U.S.

c. Labeling and Packaging:

Meet Labeling Requirements: Ensure that all imported processed food complies with U.S. labeling regulations, including nutritional information, ingredient lists, and allergen declarations.

Proper Packaging: Adhere to U.S. packaging standards to prevent contamination and ensure the integrity of the food during transportation.

d. Importer Training:

FSVP Training: Ensure that the responsible individuals within the importing company have completed FSVP training and are knowledgeable about FSMA requirements and food safety practices.

4. Staying Updated:

Monitor Regulatory Changes: Keep abreast of any updates or changes in U.S. food safety regulations and adjust your FSVP accordingly.

Engage with Industry Groups: Participate in industry groups and forums to stay informed about best practices and compliance strategies.

Conclusion:

Importing processed food into the U.S. in 2024 requires diligent adherence to FSMA’s FSVP regulations. By conducting thorough hazard analyses, evaluating and verifying foreign suppliers, maintaining detailed records, and staying informed about regulatory changes, importers can ensure their products meet U.S. safety standards and contribute to the protection of public health.