FSVP Tips to Navigate Common Pitfalls

By Brandon Boone, EAS Consulting Group Independent Consultant

Since the implementation of the FDA’s Foreign Supplier Verification Program (FSVP) in 2017, overall compliance rates have remained consistently low. There are a wide range of compliance levels—from firms that received Warning Letters to those that achieved No Action Indicated (NAI) outcomes. Based on these inspections, the following is a list of practical tips to help importers navigate the most common pitfalls. While not exhaustive, these recommendations can serve as a strong foundation for improving FSVP compliance.

1. Align Your Plans with Regulatory Requirements

FSVP regulations are highly detailed, and your program should reflect that level of specificity. A compliant FSVP plan must clearly address all key components, including:

Hazard Analysis
Evaluation of Supplier Performance and Risk
Verification Activities
Corrective Actions
Compliance with the Produce Safety Rule (21 CFR Part 112), if applicable

Generic templates or vague documentation are insufficient. Each element should be tailored to your product and supplier risk profile.

2. Utilize FDA Guidance

Many firms overcomplicate the process. The FDA offers clear and accessible guidance to assist importers in meeting FSVP requirements. A recommended starting point is the FDA’s guidance titled “Key Requirements: Final Rule on Foreign Supplier Verification Programs.” This document outlines the core elements of the regulation and provides direction on how to implement them effectively. It’s readily available on www.fda.gov.

3. Don’t Misinterpret Third-Party Audits

One of the most common misconceptions involves third-party audits in relation to the Produce Safety Rule (PSR). A third-party food safety audit—even if comprehensive—does not equate to compliance with 21 CFR Part 112. If you’re relying on audits as a verification method, you must ensure that all relevant regulatory criteria are explicitly addressed. This means you need to evaluate whether the audit covers the specific requirements outlined in the PSR.

4. Maintain Current and Complete Audit Records

If your chosen verification activity involves third-party audits, those audits must be current—ideally completed within the past 12 months. Furthermore, a certificate of completion is not sufficient. You must retain the full audit report and be prepared to present it during an FDA inspection.

5. Be Ready to Discuss Your Evaluation Process

During inspections, FDA investigators often ask, “How did you evaluate your foreign supplier with respect to the PSR?” If you cannot confidently and accurately answer this question, it is likely you will receive an FDA Form 483a, noting the deficiency.

6. Respond Promptly to FDA 483a Notices

If your firm is issued an FDA Form 483a, you have 15 business days to respond. Submitting a thorough and timely response is crucial as it will influence future FDA inspections and can mitigate the potential for escalated enforcement actions such as Warning Letters or Import Alerts.

7. Don’t Guess—Seek Professional Help

Attempting to navigate FSVP requirements without a clear understanding of the regulations is risky. If you’re unsure, admit it. Misleading or uninformed statements made during an inspection can backfire and be documented unfavorably in the Establishment Inspection Report (EIR). Hiring a qualified professional for assistance may involve upfront costs, but it is significantly less expensive than the potential financial and operational consequences of non-compliance, such as having your products placed on Import Alert.

Posted in Foods, Issue of the Month.