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Guidance for Industry: Application of the Foreign Supplier Verification Program Regulation to Importers of Grain Raw Agricultural Commodities

FinalCenter for Veterinary Medicine Office of Inspections and Investigations Human Foods Program01/25/2018

Description

The purpose of this document is to state the Food and Drug Administration’s (FDA’s) intent to exercise enforcement discretion regarding application of the regulation on foreign supplier verification programs (FSVPs) to importers of grains imported into the United States as raw agricultural commodities (RACs). For the reasons stated below, we intend to exercise enforcement discretion with respect to the FSVP regulation for importers of grain RACs that are solely engaged in the storage of grain intended for further distribution or processing and grain importers that do not take physical possession of the grain they import but instead arrange for the delivery of the grain to others for storage, packing, or manufacturing/processing (such as certain commodity brokers with respect to the FSVP regulation).

Scope & Applicability

Product Classes

2
Raw Agricultural Commodities

RACs such as hops, wine grapes, pulse crops, and almonds

Grain Raw Agricultural Commodities

importers of grains subject to specific enforcement policy

Stakeholders

3
Importer

Must comply with registration if meeting facility/responsible person definitions

Commodity brokers

Importers who do not take physical possession; Importers who may not take physical possession of grain

foreign supplier

Entity being verified by the importer; The establishment that manufactures, processes, raises, or grows the food.; entity producing food outside the US; entity being verified by the importer; Entity being evaluated and verified by the importer.; The establishment that manufactures or processes food for export to the US.; entity supplying food from outside the United States; The entity producing the food outside the U.S.; entity being verified under FSVP; entity providing food to the importer; en

Identified Hazards

Hazards

3
Mycotoxin contamination

Primary hazard associated with grain RACs

Salmonella

biological hazard in dried milk powder; Microbiological hazard in pet treats; hazard in animal-derived protein ingredients; biological hazard requiring control in turmeric

natural toxin

Example given for soybeans requiring heat treatment

Related CFR Sections (10)

Related Warning Letters (10)

  • CGMP/Animal Food/Adulterated

    King Farm

    2025-12-23
  • Foreign Supplier Verification Program (FSVP)

    Ocho Rios Atlanta Inc.

    2025-11-18
  • CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated/L. monocytogenes

    Compass Group USA

    2025-11-11
  • Foreign Supplier Verification Program (FSVP)

    East Bay Wholesale Corporation

    2025-11-04
  • Foreign Supplier Verification Program (FSVP)

    V & L Produce, Inc.

    2025-10-28
  • Foreign Supplier Verification Program (FSVP)

    Adja Khady Food Distribution Inc

    2025-10-07
  • Foreign Supplier Verification Program (FSVP)

    Life Wholesale

    2025-10-07
  • CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

    Gracie's Kitchens, Inc.

    2025-09-30
  • CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

    Hans Bakery Inc. d/b/a Andersen’s Bakery

    2025-09-30
  • CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

    Tan Nam Corporation

    2025-09-30

See Also (8)