“We are currently clearing asparagus from Peru, which is a product that’s exempt from FSVP but not exempt from the transmission of their unique facility identifier,” Ramos says. She notes that her company has made sure all of its asparagus importers are compliant with this transmission, which occurs at the time-of-entry filing.
Rule #5
Third-Party Certification
Primarily affects: Importers
Final rule effective date: November 13, 2015
Compliance deadline rollout: N/A
Requirements: Sets up a pay-for-play program, the Voluntary Qualified Importer Program to expedite FSVP compliance by submitting to third-party audits.
Exemptions or modified requirements: n/a
This portion of FSMA sets up a voluntary accreditation process involving FDA-recognized third-party auditors that can certify foreign food-producing facilities are adhering to the Preventive Controls and Produce Safety rules. If suppliers have passed an audit, they are eligible for the Voluntary Qualified Importer Program and go to the head of the line at the border. The audits may also be used to determine if certain regions present an overall hazard; for example, if there has been a chemical accident in a food producing area, then all food from growers in this region would be at risk.
“Voluntary quality provider status is an add-on to FSVP,” McEntire says. It takes note of FSVP-compliant businesses and suppliers that have gone above and beyond food safety protocols, and are rewarded with what McEntire calls “a fast pass for imports.” Because the program is “pay-to-play,” she adds, “we don’t know yet how to quantify the benefits, as each importer has to decide if the cost is worth it.”
Rule #6
Sanitary Transportation
Primarily affects: Shippers, distributors, receivers, truck brokers, and carriers
Final rule effective date: June 6, 2016
Compliance deadline rollout: general: April 6, 2017; small businesses: April 6, 2018; very small businesses: April 6, 2019
Requirements: Holds shippers responsible for conveying proper food safety procedures during transit, and for carriers to follow these instructions.
Exemptions or modified requirements: Carriers engaged in food transportation operations with less than $500,000 in average annual revenue.
The Sanitary Transportation rule is considered the shortest and simplest of the seven rules, yet can still be challenging. “I’ve been surprised at the reaction of the industry,” observes McEntire. “It’s caused so much confusion and so many questions.” One reason may be that the FDA has not, at press time, released its guidance on training.
