A special report by RIGGLE & CRAVEN
The Food Safety Modernization Act, (Commonly called the FSMA) will radically change the importation and sale of foreign food products. The FSMA applies to all domestic and foreign facilities that manufacture, process, pack or hold food which will be consumed in the
IF THESE FACILITIES DO NOT REGISTER, THE FOOD THAT IS PROCESSED BY THESE FACILITIES CANNOT BE SOLD IN THE UNITED STATES. This is a new registration requirement and prior registrations under the Bioterrorism Act will not substitute for registration under the FSMA.
Requirements of the Act The act requires, with limited exception, the registration with the FDA of any facility which processes, packs, manufacturers or holds food which will be consumed in the
Requirements of the Act
The act requires, with limited exception, the registration with the FDA of any facility which processes, packs, manufacturers or holds food which will be consumed in the
Impact on Importers
An importer must be able to provide, prior to entry of the food products into the
Furthermore, the importer is required to put in place procedures to ensure that the foreign producers are using proper procedures to ensure that all food shipped to the United States is safe and the food chain is secure. Such procedures include verification of the foreign producers by the importer. This is a significant burden on the importer.
The Act also limits sourcing options to processors who have registered and foreign distributors who have approval of their registered processors to export. As FSMAregistration numbers are not publicly available, if a processor elects not to provide its FSMA registration number to a particular foreign distributor, then that foreign distributor is precluded from selling these goods for consumption in the
Finally, as the Act requires more information about the source of goods to be provided to a purchaser, the importer’s actual source will have to be disclosed to its U.S. Customers. Importers must, therefore, take precautions to ensure that its
Impact on Foreign Processors
Any Foreign Processors must register their facility prior to shipping food to the
Impact on Domestic Producers
The Act requires domestic producers of food to register. While domestic food products do not directly pass through a formal government review prior to distribution in the U.S. market, the FDA has made clear its intent to actively enforce the FSMA, to punish processors that do not comply with the Act, and to detain food products sold by processors that do not comply with the Act. The FDA will primarily use its powers of Administrative Detention to enforce the Act within the
Impact on Domestic Shippers
Domestic Shippers face concerns, which are quite similar to those, faced by US importers. (It should be noted that the FSMA only applies to Domestic Shippers that actually take physical possession of the goods. A company which only arranges for shipment of food products directly from the processor to its customers does not need to register.) While domestic food products do not directly pass through a formal government review prior to distribution in the U.S. market, the FDA has made clear its intent to actively enforce the FSMA, to punish domestic shippers that do not comply with the Act, and to detain food products sold by domestic shippers that do not comply with the Act.
How Can RIGGLE & CRAVEN Help?
Even at this late date, it is still possible to comply with the Bioterrorism Act and its rather draconian provisions. RIGGLE & CRAVEN, through its related entity RC Food Agents, Inc., can quickly register your entity with the FDA and help to educate your sources and your customers as to the requirements of the Act. Even if YOU are registered, your business is imperiled if your foreign processors are not also registered.
The law firm of RIGGLE & CRAVEN is providing this as part of a commitment to advise of recent developments which are of importance to the international trade community. Permission to reproduce, photocopy, reprint or excerpt this advertising material is granted provided the source is attributed to RIGGLE & CRAVEN. The information provided is in summary form and we urge readers to confirm any conclusions reached before taking action based on it.