FDARegulatory IntelligenceRegulation
21 CFR Part 1, Subpart L

Foreign Supplier Verification Programs (FSVP)

An FSMA rule requiring US importers of food for humans and animals to verify that their foreign suppliers produce food meeting US safety standards. Importers must conduct hazard analysis, evaluate supplier performance and risk, and perform supplier verification activities — extending preventive-controls thinking across the border.

LAST REVISED
May 2017
PRODUCT AREAS
FoodDietary Supplement

What this does not cover

stated in the document's own scope
  • Places the verification duty on the US importer; the foreign supplier’s own manufacturing controls are governed by the preventive-controls or produce rules, not by FSVP itself.
  • Covers verification of foreign suppliers of food; certain foods have separate import oversight — for example, seafood and juice under their HACCP rules, and food subject to the Voluntary Qualified Importer Program.
  • Governs importer verification, not the physical examination of shipments at entry, which is a separate FDA import operation.
SOURCE & PROVENANCE
ISSUING BODY
Food and Drug Administration
JURISDICTION
United States
DOCUMENT ID
21 CFR Part 1, Subpart L
Official site — Food and Drug Administration

Always verify against the current published text before relying on it for a submission or inspection.

Overview

Subpart L of 21 CFR Part 1 is the Foreign Supplier Verification Programs rule, one of the FDA Food Safety Modernization Act rules. It places responsibility on the US importer of food for humans or animals to verify that each foreign supplier produces that food in a way that meets applicable US safety standards. The importer must analyse the hazards in the food, evaluate the risk posed and the supplier’s performance, and then carry out supplier-verification activities — which can include auditing the supplier, sampling and testing, or reviewing records — and keep documentation of the whole program. It extends preventive-controls thinking across the border.

Scope & applicability

US importers of human and animal food — supplier verification to ensure imported food meets US safety requirements.

Legal basis & how it acquires force

The FSVP rule is a binding regulation in Title 21 CFR (Part 1, Subpart L), issued by the FDA under the Federal Food, Drug, and Cosmetic Act as amended by the FDA Food Safety Modernization Act of 2011. The statutory basis is FSMA’s import provisions, which directed FDA to require importers to perform risk-based foreign-supplier verification. Because it is codified regulation, the importer’s obligations to develop, maintain, and follow an FSVP are legal duties, and the FSVP importer must be identified for food offered for entry.

Document structure

PartCovers
Definitions and applicabilityWho the FSVP importer is and which foods and importers are covered or exempt
Hazard analysisIdentifying and evaluating known or reasonably foreseeable hazards in the food
Evaluation of risk and supplierEvaluating the food’s risk and the foreign supplier’s performance to set verification
Supplier verification activitiesOnsite audits, sampling and testing, or records review, appropriate to the risk
Corrective actions and reevaluationActing on problems and periodically reevaluating the supplier
RecordsDocumentation of the FSVP and identification of the importer at entry

Key requirements

  • Conduct a hazard analysis for each imported food
  • Evaluate and approve foreign suppliers on a risk basis
  • Perform verification activities proportionate to the hazard
  • Maintain FSVP records and provide importer identification at entry

Implementation tips

  • Match verification intensity to the hazard — audits for serious hazards, lighter checks otherwise
  • Keep the importer-of-record identification accurate at entry to avoid holds
  • Align FSVP with your 21 CFR 117 preventive-controls program rather than duplicating it

Revision notes

Finalised under FSMA in 2015 with staggered compliance dates from 2017; a core pillar of import food safety.

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International alignment

FSVP is the import-facing member of the FSMA family: it is designed so that imported food is subject to verification comparable to the preventive controls that domestic facilities apply under 21 CFR Part 117 (human food) and Part 507 (animal food), or to the produce safety standards. Verification against a supplier following those rules, or an FDA-recognised equivalent food-safety system, is how the importer establishes that the foreign supplier meets applicable US requirements.

21 CFR Part 1, Subpart L: frequently asked questions

Quick answers to common questions about 21 CFR Part 1, Subpart L.

Who is responsible for FSVP compliance?

The US importer — specifically the FSVP importer, the US owner or consignee of the food at entry, or their US agent if there is none. That importer must develop and follow the Foreign Supplier Verification Program.

What verification activities does FSVP allow?

Risk-appropriate activities such as an onsite audit of the supplier, sampling and testing, or review of the supplier’s food-safety records. The choice depends on the hazard, the risk the food poses, and the supplier’s performance.

How does FSVP relate to the preventive-controls rules?

FSVP is meant to give imported food verification comparable to the controls domestic facilities follow under 21 CFR Part 117 (human food) and Part 507 (animal food); the importer verifies the foreign supplier meets applicable US standards.