You are defined as a “Very Small Importer” if, during the previous 3‐year period (ending 1 year before the calendar year for which you intend to import food as a Very Small Importer), you (including subsidiaries and affiliates) average less than $1 million U.S. of human food or $2.5 million U.S. of animal food per year in sales.
Additionally, the following considerations apply:
- Sales are adjusted for inflation using 2011 as the baseline year.
- If you do not have sales of food, per se, you must calculate the U.S. market value of the food that you import and this amount will be used to determine if you are a Very Small Importer.
- If you conduct any food sales in currency other than U.S. dollars, you must use the relevant currency exchange rate in effect on December 31 of the year in which sales occurred to calculate the value of these sales.
- In addition to sales, you must sum all human or animal food imported, manufactured, processed, backed, or held (e.g., imported for a fee) when determining whether you are a Very Small Importer. For example, if you have some food sales and also conduct some of your food importation business in exchange for fees, you must add the sales of food and the U.S. market value of the food imported without sale, to determine whether you are a Very Small Importer.
If you import both human food and animal food, it is possible to considered a Very Small Importer in respect to your human food, but not in respect to your animal food, or vise versa (e.g. If you had $0.8 million in human food sales and $2.8 million in animal food sales, you could be considered a Very Small Importer in regards to your human food imports, but not in regards to your animal food sales)
See also, “I am a Very Small Importer, do I need to comply with FSVP?”
Source:
- Federal Register Volume 80, Number 228, Page 74248 Comment/Response 65-66
- 21 CFR 1.500
- 21 CFR 1.512(b)(1)(i)(B)