Last week the Food and Drug Administration (FDA) took a critical step towards enforcement of FSVP by creating Import Alert 99-41, “Detention Without Physical Examination of Human and Animal Foods Imported from Foreign Suppliers by Importers Who Are Not in Compliance with the Requirements of the Foreign Supplier Verification Program (FSVP) Regulation.” To date, FDA has not taken any enforcement action against an importer for not complying with the regulations, which first went into effect May of 2017. However, that may change soon.
Under the law, food imported by an importer who does not comply with FSVP may be refused admission into the United States. An import
alert is an administrative enforcement tool that FDA uses to issue an import refusal. It is an internal directive that the local FDA office should
detain (stop) an imported product because it appears to violate an FDA requirement and, after a hearing, issue an import refusal unless the importer
overcomes the appearance of a violation. In this case, it means that an importer may not be able to successfully import food until the alert is lifted.
It remains unforeseen when FDA will place the first importer on Import Alert 99-41, thereby taking the first enforcement action. However, now with the import alert created, it is only a matter of time.
If you need help understanding your FSVP obligations or with any of your importing needs, please contact us and get professional advice from our consultants and affiliated attorneys.
