Food Archives | Customs & International Trade Law Blog

Food Importers: How to Import Food Compliantly & Survive a FSVP Audit

The U.S. Food and Drug Administration (FDA) is now auditing Foreign Supplier Verification Program (FSVP) Importers to ensure they comply with the FSVP program. To date, over 92 warning letters have been issued against companies for FSVP violations. If your business is importing food into the U.S., or wants to start, our one-hour, NEI accredited, webinar on “Importing Food in Compliance with U.S. FDA & Surviving A FSVP Audit” will provide best practices and TOP tips to comply with FDA regulations and avoid, navigate, and mitigate any potential FDA compliance action.

Register today to to hear directly from Senior Trade Advisor, Domenic Veneziano, DTL’s president, Jennifer Diaz, and Associate Attorney, Denise Calle, on the pathway to legally import food and best practices for surviving a FSVP audit.

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By Jennifer Diaz|2021-09-07T15:53:46-04:00September 6, 2021|Best Practices, Food, Import, International Trade, Labeling, Pre-compliance, U.S. Food and Drug Administration (FDA)|Comments Off

Don’t be a Target, Learn Best Practices to Mitigate FDA Enforcement

The U.S. Food and Drug Administration (FDA) is in full enforcement mode issuing 260 warning letters in 2021 alone! Now is the time to ensure your products are in compliance with the Federal Food, Drug, and Cosmetic Act (the Act) prior to importation. Manufacturers, importers, distributors, and others engaged in the production or sale of over the counter (OTC) drugs or cosmetic products must be aware of FDA’s various enforcement mechanisms, and more importantly, how to avoid and/or mitigate such actions. FDA’s most common enforcement activities include notices of FDA action, warning letters, seizures, voluntary recalls, injunctions, and criminal prosecution.

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By Jennifer Diaz|2021-07-22T11:27:59-04:00May 27, 2021|Cosmetics, E-Cigarette, Food, FSMA, Gluten Free, Import, Import Alert, International Trade, Medical Devices, Pre-compliance, Reasonable Care, Tobacco, U.S. Food and Drug Administration (FDA)|Comments Off

OPPORTUNITIES IN AGRICULTURE – WHY CHOOSE THE CARIBBEAN?

Because of its production limitations, the Caribbean has become a growing market for U.S. suppliers. As one of the most diverse regions in the world, the islands of the Caribbean attract a lot of visitors. With the development of tourism comes an increased demand for imported products from the U.S.—due in part to their perceived higher quality.

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By Jennifer Diaz|2021-10-20T15:37:29-04:00September 28, 2020|Caribbean Basin Initiative, Customs Expert, Export, Food, Import, International Business, International Trade, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|1 Comment

COVID FLEXIBILITY – FDA Announces Temporary Policy Regarding Certain Labeling Requirements for Foods

The U.S. Food and Drug Administration is issuing a guidance document to provide additional temporary flexibility in food labeling requirements to manufacturers and vending machine operators. The goal is to provide regulatory flexibility, where appropriate, to help minimize the impact of supply chain disruptions on product availability associated with the current COVID-19 pandemic.

Entitled “Temporary Policy Regarding Certain Food Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines,” this guidance is one of several the FDA has issued to provide temporary flexibility to the food industry to help support the food supply chain and meet consumer demand during the pandemic.

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By Jennifer Diaz|2021-10-22T10:18:12-04:00May 27, 2020|Best Practices, Customs Expert, Food, Import Alert, International Trade, IPR, Trademarks and Logos, U.S. Food and Drug Administration (FDA)|Comments Off

Bioengineered Food Labeling

In our July 27, 2018 blog , we explained what bioengineered (BE) food is and informed you about the United States Department of Agriculture’s (USDA) Agricultural Marketing Service’s (AMS) new proposed rule for BE foods. The new rule is a result of the 2016 amendment to the Agricultural Marketing Act of 1946, which would require food manufacturers and other entities that label foods for retail sale to disclose information about BE food and BE food ingredient content. The amended Act directs the Secretary to establish the National Bioengineered Food Disclosure Standard (NBFDS) for disclosing any BE food and any food that may be bioengineered. This proposed rule is intended to provide a mandatory uniform national standard for disclosure of information to consumers about the BE status of foods. The standardized disclosure of information will facilitate food purchasing for consumers by eliminating the current uncertainty when purchasing food; effectively improving overall consumer confidence, without harming food manufacturing; and providing farms and production companies a logical, consistent standard for future labeling and packaging. […]

By Jennifer Diaz|2022-07-07T11:42:38-04:00October 30, 2018|Best Practices, Customs Broker, EPA, Food, Import, Import Alert, International Law, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|Comments Off

USDA Proposed Rule to Inform Consumers of GMO’s (Costing Industry 1.7 BILLION)

Do you want to know if your food contains any GMOs? Do you know what the difference is between a GMO and Bioengineered Food? For the last 2 years, the USDA has been writing new rules for labeling and packaging food with GMOs – learn the latest below!

What is Bioengineered Food? […]

By Jennifer Diaz|2021-11-03T15:18:55-04:00July 19, 2018|Best Practices, Customs Broker, Food, Import, U.S. Food and Drug Administration (FDA)|Comments Off

Food Importers – Want to Expedite Your Importations with FDA?

On January 2, 2018, FDA announced that it expects to begin accepting applications in early 2018 for its Voluntary Qualified Importer Program (VQIP), which we first advised you of back in 2015. VQIP is a voluntary, fee-based program for importers that will allow expedited review and importation of human and animal foods into the United States for approved applicants who achieve and maintain a high level of control over the safety and security of their supply chains. Below are the most important VQIP questions and answers from the FDA. […]

By Jennifer Diaz|2021-11-05T14:53:21-04:00January 23, 2018|Best Practices, Food, Import, Import Alert, International Law, U.S. Food and Drug Administration (FDA)|2 Comments

Here’s a Recap of Part II of our #WorldTradeMonth Seminar Series for Compliance Professionals on FDA FSMA and FSVP

Yesterday, we at DTL, had the pleasure of hosting Part II of our #WorldTradeMonth Seminar Series for Compliance Professionals. The second seminar focused on FDA FSMA (Food Safety Modernization Act) Compliance for Importers with expert speakers from the U.S. Food and Drug Administration (FDA) and industry. We had a packed house with an array of attendees such as importers of food, beverages, and medical devices, along with customs brokers, freight forwarders / NVOCCs, lawyers, consultants, and others. We received requests for a re-cap from those who attended and industry members who were not able to attend. You asked and we deliver. Here is our recap:

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By Jennifer Diaz|2022-07-06T15:47:05-04:00May 19, 2017|Best Practices, Customs Broker, Events, Food, FSMA, Import, Import Alert, Seizures, Speaking, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|Comments Off

Register Now to Meet FDA’s Director of Import Operations and Maintenance – November 12, 2015

Do you need to know the current issues affecting importing and exporting for international trade professionals? What about common compliance issues when importing food, cosmetics, and medical devices? If you answered yes, you will not want to miss the last of our three-part seminar series that will cover these topics and much more. Plus, members of supporting organizations, clients of Becker & Poliakoff, and future members and clients, will receive a discount! Here’s all the information about our upcoming seminar:

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By Jennifer Diaz|2022-07-06T15:13:43-04:00November 6, 2015|Best Practices, Cosmetics, Customs Broker, Food, FSMA, Import, Import Alert, Medical Devices, Speaking, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|Comments Off

Food Importers – FDA Issues New Guidance Aimed at Expediting Your Importations

The FDA Food Safety Modernization Act (FSMA) is the most sweeping reform of our food safety laws in more than 70 years and was signed into law by President Obama on January 4, 2011. FSMA aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. FSMA requires FDA to establish a voluntary, fee-based program, named the “Voluntary Qualified Importer Program” (VQIP) which promises expedited review and importation of foods from importers who achieve and maintain a high level of control over the safety and security of their supply chains.

On June 4^th, 2015 the FDA published a draft version of “Guidance for Industry: FDA’s Voluntary Qualified Importer Program (VQIP)”. According to FDA’s website, VQIP will also benefit consumers by enabling the FDA to focus its resources on high risk foods, further protecting consumers from the potential health hazards associated with those foods. In order for a food importer to be eligible for the VQIP program, the importer should:

Have at least a 3 year history of importing foods
Have a Data Universal Numbering System (DUNS) number
Use a paperless filer/broker who received a passing rating during their last FDA evaluation
Import food that is not subject to an import alert or Class 1 recall
Not be, nor any non-applicant entity associated with the VQIP food be, subject to an FDA administrative or judicial action, have a history of significant non-compliance with food safety, or have one or more […]

By Jennifer Diaz|2021-11-09T14:47:01-05:00June 11, 2015|Best Practices, Food, FSMA, Import, U.S. Food and Drug Administration (FDA)|Comments Off