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I import from Canada, aren’t the rules modified for me?

It depends.

The rules are modified provided that:

  1. Your supplier is in, and under the regulatory oversight of, a country whose food safety system the FDA has officially recognized as comparable or determined to be equivalent to that of the United States (Canada qualifies, as does Australia and New Zealand).
  2. The food is within the scope of the relevant official recognition or equivalency determination.
  3. The foreign supplier of the food is in good compliance standing with the relevant food safety authority (in this case, CFIA).
  4. The food is not intended for further processing in the US, e.g., packaged food products and raw agricultural commodities (RACs) that will not be processed further before consumption.

Modified FSVP requirements:

If your imports meet the requirements above, you are exempt from the requirements to:

  • Conduct hazard analyses
  • Conduct evaluations for foreign supplier approval and foreign supplier verification activities
  • Follow requirements specific to foods that cannot be consumed without control of hazards and foods whose hazards are controlled after importation
  • Review complaints of any customer, consumer, or other complaint to determine the adequacy of their FSVPs, conduct investigations into potential adulteration of the food they import, take corrective actions to address foreign supplier noncompliance, or investigate the potential inadequacy of their FSVPs.

However, you are still required to,

  • Determine and document whether the foreign supplier of the food is in good compliance standing with the food safety authority of Canada.
  • Continue to monitor whether the foreign supplier is in good compliance standing and promptly review any new information obtained.
  • Take prompt corrective actions if the information indicated that food safety hazards associated with the food are not being adequately controlled.
  • Document any corrective actions taken.
  • Use a qualified individual to perform these tasks.
  • Include your FSVP contact information on each entry with CBP, which includes your DUNS number and the name and email address of the FSVP contact at your company.
  • Maintain FSVP records and make them available to the FDA when required

Sources:

  • Federal Register Volume 80, Number 228, Page 74228, Modified Provisions for Certain Types of Importers
  • Federal Register Volume 80, Number 228, Pages 74324-74325, Section N
  • 21 CFR 1.513
Updated on May 10, 2017

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