What is the difference between FSMA and FSVP?

FSMA is the 2011 statute that overhauled U.S. food safety law. FSVP is one rule under FSMA — the Foreign Supplier Verification Program — that requires U.S. importers to verify their foreign suppliers meet U.S. standards.

Does FSMA require HACCP?

Not in general. FSMA requires most facilities to follow hazard analysis and risk-based preventive controls (HARPC), the successor to HACCP. HACCP remains mandatory for specific products such as juice and seafood, but the preventive-controls framework is broader.

Who is responsible for FSVP compliance?

The FSVP importer — generally the U.S. owner or consignee of the food at entry, or the U.S. agent of the foreign owner if there is no U.S. owner or consignee. It is often not the broker, and the responsibility cannot be contracted away.

What happens if I do not have an FSVP?

The FDA can detain or refuse the shipment and cite the importer for the missing program. A clean lab result does not cure a missing FSVP — the program itself is the requirement. FSVP is paperwork-heavy, and the FDA reviews it on its own schedule, not yours. Reidel Law Firm helps importers stand up FSVP programs and respond to FSVP inspections on flat-fee terms. Get an import compliance memo.

FSMA Import Rules: FSVP for Importers

The Food Safety Modernization Act (FSMA) shifted U.S. food safety from reacting to outbreaks to preventing them — and for importers, its most important piece is the Foreign Supplier Verification Program, which makes the U.S. importer legally responsible for confirming that foreign food is produced to American safety standards. If you bring food into the United States, FSMA is the law that defines what you have to verify and document.

What FSMA Changed

Signed into law on January 4, 2011, FSMA was the largest overhaul of U.S. food safety law in decades. Its core idea is prevention: rather than waiting for contaminated food to make people sick, the FDA now requires food businesses to identify hazards in advance and build controls to stop them.

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