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FSVP - I am trying to figure out who the importer is?

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#1 staci mccarvey

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Posted 28 November 2017 - 05:49 PM

I am trying to figure out who the importer is. We use a broker that receives the ingredients from overseas to a warehouse in the US and then they are transported to our establishment. The owner insists that we are not the importer, the broker is. Can anyone please tell me where this is stated? Thanks!


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#2 FurFarmandFork

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Posted 28 November 2017 - 07:55 PM

My best once-sentence description of who the importer is under FSVP is that the person introducing the ingredient to the public via sale or processing is responsible for demonstrating the requirements of FSVP.

 

Someone who is organizing a sale or just bringing in containers of product that are shipping directly to your plant and not to a bulk warehouse where they are further repackaged or processed is not responsible for evaluating the food safety risk of that ingredient because they are not going to introduce it to the public, you are.


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#3 SQFconsultant

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Posted 29 November 2017 - 02:39 AM

Broker.


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#4 mec862

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Posted 29 November 2017 - 05:33 PM

Hi Staci,

 

The importer would be the owner of the imported goods or Consignee at the time of entry in the U.S. This can be either the customer (who purchased the imported food) or a broker (who will sell the imported food to the customer). There are some cases where some foreign suppliers have locations within the U.S. and would receive the imported goods then sell it to the customer. In this case, that would make the foreign supplier the importer on record.

 

I hope this helps. 


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#5 Parkz58

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Posted 05 December 2017 - 03:00 PM

See, this is why it's so confusing.  Of the last three respondents to this blog before me, two say one thing and the other says another thing.

 

So, which is it, and who can provide proof of what you are saying?


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#6 Charles.C

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Posted 05 December 2017 - 04:10 PM

See, this is why it's so confusing.  Of the last three respondents to this blog before me, two say one thing and the other says another thing.

 

So, which is it, and who can provide proof of what you are saying?

 

Hi Parkz,

 

The answer appears to be an objective of Chapter 8 of the FSVP training manual.

 

Unfortunately I found the text unintelligible.


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Charles.C


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#7 Parkz58

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Posted 05 December 2017 - 04:13 PM

My point exactly, Charles.C - I have taken the FSMA PCQI course, and I couldn't even get a straight answer out of the instructors.  They just answered, "It depends on the situation".  Well...that was very helpful.

 

I sure hope the FDA works on clarifying this, and soon...otherwise, there are going to be a LOT of problems down the road.


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#8 mec862

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Posted 05 December 2017 - 04:49 PM

See, this is why it's so confusing.  Of the last three respondents to this blog before me, two say one thing and the other says another thing.

 

So, which is it, and who can provide proof of what you are saying?

Hi Parkz58,

 

Would these help?

 

https://www.joc.com/...s_20010108.html

 

http://www.logicalma...-and-consignee/


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#9 Parkz58

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Posted 06 December 2017 - 08:29 PM

Thanks mec862...but I don't think that helps much, because I don't think the FDA follows the same definitions.


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#10 Ryan M.

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Posted 07 December 2017 - 11:30 PM

It is the importer of the food.  The importer is the entity that takes ownership of the food once it reaches US borders.

 

In your example, it would be the broker.  The company purchasing the materials from the broker and using them does not have any requirements as far as FSVP is concerned.

 

https://www.fda.gov/...A/ucm361902.htm

 

  • What is an FSVP? It is a program that importers covered by the rule must have in place to verify that their foreign suppliers are producing food in a manner that provides the same level of public health protection as the preventive controls or produce safety regulations, as appropriate, and to ensure that the supplier’s food is not adulterated and is not misbranded with respect to allergen labeling.
  • Importers are responsible for actions that include (and are explained further below):
    • Determining known or reasonably foreseeable hazards with each food
    • Evaluating the risk posed by a food, based on the hazard analysis, and the foreign supplier’s performance
    • Using that evaluation of the risk posed by an imported food and the supplier’s performance to approve suppliers and determine appropriate supplier verification activities
    • Conducting supplier verification activities
    • Conducting corrective actions

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#11 FurFarmandFork

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Posted 07 December 2017 - 11:46 PM

Well since the topic is here, I'll just leave some resources for anyone who ends up here in the future.

 

FDA flowchart to determine if you're required to comply with the rule: https://www.fda.gov/...A/UCM472461.pdf

 

Definition of "importer" under the rule (21 CFR 1.500)):

Importer means the U.S. owner or consignee of an article of food that is being offered for import into the United States. If there is no U.S. owner or consignee of an article of food at the time of U.S. entry, the importer is the U.S. agent or representative of the foreign owner or consignee at the time of entry, as confirmed in a signed statement of consent to serve as the importer under this subpart.

 

U.S. owner or consignee means the person in the United States who, at the time of U.S. entry, either owns the food, has purchased the food, or has agreed in writing to purchase the food.


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