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FDA Issues First Warning Letter under FSVP Regulations

By Emily Lyons on August 15, 2019
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On July 30, 2019, the U.S. Food and Drug Administration (FDA) issued its first Warning Letter to an importer for violations of the Foreign Supplier Verification Program (FSVP) requirements at  21 C.F.R. Part 1, Subpart L (21 C.F.R. §§ 1.500 through 1.514).  The Warning Letter was issued to a U.S. importer related to imported tahini implicated in a multi-state Salmonella Concord outbreak in spring 2019.

FDA stated in the Warning Letter that the importer was not familiar with the FSVP requirements, did not develop an FSVP for the imported tahini, and failed to respond to the FDA investigator’s formal observations during the FSVP inspection. The Warning Letter also noted that the importer’s voluntary recall, by itself, did not address the underlying FSVP violations.

This Warning Letter serves as an important reminder to importers that FDA expects companies to have FSVPs that meet the requirements of 21 C.F.R. Part 1, Subpart L.

FDA has been conducting FSVP inspections since 2017. These inspections have been primarily focused on assisting importers with understanding the FSVP requirements and how to take corrective actions for deficiencies.  In Fiscal Year 2018, the failure to develop an FSVP was the most commonly cited observation in the food program.

In the Press Release accompanying the Warning Letter, FDA has stated that, going forward, FDA’s focus will shift to ensuring compliance with the FSVP requirements.  This will include re-inspecting importers that had deficiencies in previous inspections and taking immediate action when FSVP deficiencies are found that pose an imminent public health risk.

Importers that fail to take corrective actions for deficiencies identified by FDA during an inspection may also be subject to the newly established 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.  Imports offered by an importer on the Red List under this Import Alert would be subject to automatic detention.  Further, such importers would be prevented from participating in the Voluntary Qualified Importer Program (VQIP).

Contact Us

We will continue to monitor developments related to FDA’s implementation of the FSVP regulations. Should you have any questions regarding this alert, contact Seth Mailhot at Seth.Mailhot@huschblackwell.com or Emily Lyons at Emily.Lyons@huschblackwell.com.

Photo of Emily Lyons Emily Lyons

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to…

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to market. At the intersection of agriculture, food and environment, Emily handles compliance matters such as labeling, marketing, permitting and agency inquiries including the Food Safety Modernization Act, Pasteurized Milk Ordinance, USDA National Organic Program and bioengineered food disclosure standard, Generally Recognized as Safe status for food additives and food contact substances, and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Climate Solutions Legal Digest
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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