Compliance Dates for the Final Rule on FSVP for Importers of Food for Humans and Animals

Expiry of delayed FSVP provisions

Food importers are subject to the Foreign Supplier Verification Programs (FSVP), a program put in place by the U.S. Food and Drug Administration agency to ensure that food imported into the United States has been produced in a manner that meets U.S. safety standards.

The dates by which importers must comply with the provisions of the FSVP vary based on a number of considerations, and there are a number of circumstances that could delay the implementation of specific provisions.

Two implementation provisions of FSVP compliance, which were previously delayed, are set to expire on March 19, 2018.

What this means to food importers

As of March 19, 2018, food importers will no longer be able to use the small business exemption code FSX for:

  • Foreign suppliers who are small businesses producing human food subject to Preventive Controls
  • Foreign suppliers who are small business producing animal food subject to the good manufacturing practices (CGMP)

Note: A small business is defined as a business employing fewer than 500 full-time employees.

The following information must now be provided on your Customs documents for the U.S. company purchasing foreign food products (or a U.S. agent responsible for FSVP activities):

  • Name of U.S. company
  • Full address of U.S. company
  • DUNS number (UNK is still an option at this time)
  • Email address for party responsible for FSVP
  • Name and phone number for person responsible for FSVP (optional)

Very small businesses

Implementation for two categories of companies considered very small businesses is being delayed until March 18, 2019.
These very small business categories are as follows:

  • Producers of human food, making less than $1,000,000 annually
  • Producers of animal food, making less than $2,500,000 annually

Produce Safety Regulations
In addition, products subject to the Produce Safety regulations have different compliance dates.

Additional Resources

If you have any additional questions or concerns, please contact Livingston’s FDA team at