Specialty Food Magazine is the leading publication for retailers, manufacturers and foodservice professionals in the specialty food trade. It provides news, trends and business-building insights that help readers keep their businesses competitive.
Issue link: https://www.e-digitaleditions.com/i/654717
fsma update with each food. These hazards could include raw materials, the for- mulation of the food, the condition of the manufacturing facility, the intended use of the food, and so on. The safety record of the foreign facility is an essential consid- eration. Additional FDA enforcement will be focused on facilities that do not have a strong safety record. Another determining factor may be the type of food being imported and its potential to pose a safety risk. For example, soft-ripened cheeses are likely to be monitored more closely than balsamic vinegars. Importers may rely on others to determine the safety of the facility but must have the documentation on hand and accessible to the FDA to comply with the regulation. The law expands the authority of the FDA to inspect foreign food facilities, such as factories and warehouses. It states that the FDA or its designee should be permitted to enter a facility within 24 hours or within an agreed upon time and that food from the facility will not be allowed into the U.S. if this access is postponed or denied. The FDA may require that a certificate of compliance with U.S. food law be provided. That certificate could take the form of a listing of certified facilities or even a shipment-specific certificate. While there are no full exemptions, there are certain rules that will affect the specialty food industry. These include: • Rules related to when an importer will further process the food within the U.S. and apply a preventive control here, such as in the processing of raw coffee beans • Rules around an importer receiving verification that its custom- er in the U.S. will apply a preventive control during processing • Modified FSVP rules for very small importers, defined as doing less than $1 million in revenues • Modified FSVP requirements for very small foreign suppliers Third Party Certification Although importers will certainly have additional paperwork as a result of the Foreign Supplier Verification Program, the FDA will rely on foreign governments and private third parties to certify that a facility produces safe food. The FDA has the authority to approve accreditation bodies that would then accredit third-party auditors and certification bodies. The third-party auditors could be: • Foreign government • Agency of a foreign government • Foreign cooperative • Any other business or individual approved by the FDA As of presstime, the FDA had not endorsed organizations such as Global Food Safety Initiative or any other auditors. Public hearings were scheduled for March 20 at the FDA offices in College Park, Maryland. It is likely that there will be agreements between the FDA and other governments that will recognize that a country's food-safety system is comparable or equivalent to that of the U.S. Agreements with major trading partners such as the European Union are being discussed. Voluntary Qualified Importer Program The Voluntary Qualified Importer Program enables expedited imports of certain foods brought to the U.S. by qualifying importers. It is a fee-based program that the Specialty Food Association believes favors large importers and is cost-prohibitive for many importers that qualify as small and very small businesses. The FDA has published a draft guidance but has not yet issued an implementing regulation. Various risk factors will be considered by the FDA when approving an application, including the risk of the food to be imported, the compliance history of the foreign supplier, the regula- tory system of the country that will be exporting the food, and so on. The FDA has estimated that the cost to the importer will be about $16,400 annually. The Foreign Supplier Verification Program, Third Party Certification, and Voluntary Qualified Importer Program will provide a safer U.S. food supply. But, there is a question as to whether the regulatory burden and cost of compliance will limit consumer access to the innovative and artisanal products that fuel the specialty food industry. Ron Tanner is vice president, philanthropy, government, and industry relations for the Specialty Food Association. @ GO TO THE KNOWLEDGE CENTER @ SPECIALTYFOOD.COM to download the recent webinars: The Food Safety Modernization Act: The Latest on the Foreign Supplier Verification Program and Third Party Certification The Food Safety Modernization Act: What You Need to Know in 2016 and Beyond Specialty Food Association members may also participate in FSMA Mondays Conference Calls, held the first Monday of each month. specialtyfood.com/knowledge-center The Foreign Supplier Verifcation Program requires importers to take more control over the food chain. 80 ❘ SPECIALTY FOOD MAGAZINE specialtyfood.com