FDA Continues FSMA Implementation, Finalizes Guidance on Voluntary Qualified Importer Program to Expedite Food Imports

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By Sarah Roller, Laura Siegel Rabinowitz and Donnelly L. McDowell, Lexology Nov 29, 2016

The Food & Drug Administration (FDA) released last week a final version of its guidance for industry on the Voluntary Qualified Importer Program (VQIP), which will provide a mechanism for eligible food importers to expedite entry of certain shipments of food into the United States. The finalization of the guidance is the most recent in a long series of steps to implement the Food Safety Modernization Act (FSMA), the sweeping reform of U.S. food safety laws enacted in 2011. In order to participate in the VQIP, an importer must demonstrate that it has established a high level of control over the safety and security of its supply chains, comply with supplier verification requirements, have at least a three-year history of importing food into the United States, and have no ongoing FDA administrative or judicial action, amongst other requirements.

Background

Under FSMA, FDA is required to establish a program “to provide for the expedited review and importation of food offered for importation by importers who have voluntarily agreed to participate in such program” and “issue a guidance document related to participation in, revocation of such participation in, reinstatement in, and compliance with, such program” FDA released a draft form of the guidance in June 2015, which we discussed here. 

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