Under the Food Safety Modernization Act (FSMA), food manufacturers and processors who import food ingredients and raw materials will be required to implement a Foreign Supplier Verification Program, essentially mandating that foreign suppliers undergo the same rigor and scrutiny as domestic ones. This risk-based monitoring and preventive-control program shifts the burden of proof to importers who must then confirm their goods made from or with these imports are in compliance with U.S. laws and regulations.

Such a supply-chain, supplier, and ingredient risk-monitoring program must verify that upstream food safety practices are being adhered to, else criminal prosecution of the importer is a possibility. Verification requirements include monitoring of and detailed record keeping for shipments, lot-based certifications of compliance, presence of a hazard analysis and critical control point (HACCP) plan, and a minimum two-year record-keeping retention period.

In addition, the FMSA requires that under some circumstances an entity from the country from which a food or ingredient is being imported certify that the shipment is compliant with U.S.

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