What Is the Foreign Supplier Verification Program (FSVP) and Why Was It Created?
The Foreign Supplier Verification Program (FSVP) is a regulation under the FDA’s Food Safety Modernization Act (FSMA), which aims to ensure that imported food meets the same U.S. safety standards as domestically produced food. It was created because a growing percentage of the American food supply—including produce, spices, and processed foods—comes from overseas.
Before FSVP, foreign food producers often operated with fewer oversight requirements than their U.S. counterparts. This lack of regulation created food safety risks and unfair market advantages for foreign importers. FSVP closes that gap, requiring importers to verify that their foreign suppliers are following safe food practices.
Who Needs to Comply with FSVP?
Not every importer is required to comply with FSVP, but many are. Whether a product is subject to FSVP depends on several factors, including the type of product, how it’s used, and whether it qualifies for specific exemptions or other requirements (e.g., juice, seafood, or certain research uses).
If your imported product is consumed directly or used as an ingredient in food consumed in the U.S., and it doesn’t fall under another FDA-regulated program, you’re likely required to have an FSVP in place. This involves detailed documentation showing that the foreign supplier meets FDA safety standards.
What Are the Responsibilities of an FSVP Agent?
An FSVP agent is responsible for ensuring imported food is safe and that all required documentation is in line with compliance. Their core tasks include:
- Assessing supplier food safety documentation (e.g., hazard analyses, preventive controls).
- Keeping thorough records to satisfy FDA.
- Monitoring for updates in regulations or changes in supplier operations.
- Acting as the primary U.S. contact for FDA inquiries or inspections.
It’s important to note that an FSVP agent does not conduct on-site audits; their role is document-based. They must verify that the correct food safety plans are in place, compliant with FDA standards.
Common Challenges Importers Face with FSVP Compliance
Many importers struggle with:
- Incomplete or outdated documentation: Some haven’t updated food safety plans or FDA facility registrations in years, even though these must be renewed every two years.
- Personnel changes: If key food safety staff change, documentation often doesn’t reflect it.
- Lack of awareness or training: Many companies simply don’t know what’s required or assume compliance is optional until they’re audited. Some switch personnel or put off training.
- Profit-driven shortcuts: Importers sometimes prioritize low costs over food safety, which can lead to inadequate verification practices.
Companies often fail to proactively update documents or communicate significant changes in operations, which puts them at risk of non-compliance.
How Ken Lehat & Associates Helps Importers Comply
Ken Lehat & Associates (KLA) offers two levels of FSVP support:
- Acting as the FSVP Agent:
For foreign companies or importers without a U.S. presence, Ken Lehat & Associates can legally represent them as their designated FSVP agent—fulfilling the FDA’s requirement for a U.S.-based contact. This includes document assessment, recordkeeping, and communicating with the FDA. - Behind-the-Scenes Support:
For companies that already have a U.S. presence but lack the in-house expertise, Ken Lehat & Associates can assist in developing and organizing FSVP documentation, ensuring the company is ready for an audit. In some cases, KLA has stepped in during or after FDA audits to build missing compliance systems quickly and effectively.
In both roles, KLA helps importers avoid costly delays, rejections at the border, or enforcement actions by ensuring that food safety documentation is not only complete but defensible in an FDA inspection.
Brigitte Lehat
Brigitte is an FSVP agent with certifications from CalAgX (2010), and AFI (2017). She started her trading career in the food and beverage sector founding Art De Vivre Co., importing French wine between 1983 and 1988. With certifications in export training and U.S. food-safety regulations, she combines academic rigor, on-the-ground sourcing, and cross-cultural trade skills to facilitate hassle-free U.S. product entry.