On November 2, 2015, the U.S. Food and Drug Administration (FDA) announced that it has submitted the final Foreign Supplier Verification Program, the Produce Safety and Third Party Audit Rules for publication to the Federal Register as required by court order.  The rules should be published within 2-3 weeks.

The Foreign Supplier Verification Program Rule imposes sweeping new changes on importers of food.  Importers will be required to review the compliance status of a food and foreign supplier before importing, and conduct foreign supplier food safety verification and related activities.  Annual onsite food safety audits of foreign suppliers will be required in many circumstances.

The Produce Safety Rule creates major new requirements for growing, packing, harvesting and holding of produce on farms.  It applies to both domestic and imported produce.  The rule creates standards for worker training and health and hygiene, agricultural water, biological soil amendments, domesticated and wild animals and more.

The Accreditation of Third Party Auditors Rule will establish an FDA system for recognizing accreditation bodies to accredit third-party auditors to conduct audits for purposes of foreign food safety audits, the Voluntary Qualified Importer Program and import certifications.

Please contact Erik Lieberman at erl1@liebermanpllc.com or 202.830.0300 if you have questions or would like additional information.  Lieberman PLLC and U.S. Food Imports LLC assists firms in FSMA compliance and managing regulatory risks.