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Importing of Grain Raw Agricultural Commodities and Applying FSVP Regulations

February 12, 2018

 

Food and Drug Administration (FDA) issued guidance regarding importers of grain importing into the US as a raw agricultural commodity (RAC) and the foreign supplier verification programs (FSVP) regulation application. While guidance documents are not legally enforceable, the purpose of this guidance is to facilitate information regarding the applicability of FSVP requirements on grain RAC importing.

Grain RACs are vulnerable to a variety of different hazards, such as Salmonella and mycotoxin contamination. Different hazard controls are put into place to prevent or minimize the risk of contamination in the grain. Further provisions are also implemented to ensure that the grain RACs imported into the U.S. follow FSVP requirements and the food imported from foreign suppliers are properly verified. Under the FSVP regulations, most food importers are required to:

  1. Analyze hazards for foods they are importing

  2. Evaluate performances of any potential foreign suppliers and any risks associated with food being imported

  3. Conduct any necessary testing or auditing to serve as verification

Ultimately, to better align the FSVP regulations, FDA intends to exercise enforcement discretion when concerning grain RAC importers that are only engaged in the storage of grain for future distribution or processing. Therefore, while these importers are prohibited against the introduction or delivery into interstate commerce of adulterated food, FDA does not expect these importers to meet FSVP requirements for these grain RACs.

Upon importing products through the U.S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE) system, the different entity role codes will be used to indicate which agencies intend to exercise enforcement discretion with regard to FSVP regulation.

 

Reference:

https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm593047.htm

https://www.fda.gov/downloads/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/UCM593080.pdf

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