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Live Animals Processed Under USDA Regulations Do Not Need to Comply with FSVP Regulation

Monday, March 26, 2018

(North American Meat Institute)

The Food and Drug Administration (FDA) issued guidance explaining the agency intends to exercise enforcement discretion regarding the application of the Foreign Supplier Verification Program (FSVP) rule to importers of live animals that must be slaughtered and processed at USDA-regulated establishments and subject to hazard analysis and critical control point (HACCP) requirements. FDA, therefore, does not intend to enforce the FSVP requirements that these importers would otherwise have to meet. This intent to exercise enforcement discretion, however, does not apply to importers of other live animals – bison, deer, elk – intended for use as food, the slaughtering and processing of which is under FDA’s jurisdiction. This intent to exercise enforcement discretion also does not apply to the importation of animals slaughtered under voluntary inspection by the Food Safety and Inspection Service (FSIS).

Importers of live animals that are covered by this enforcement discretion should use the affirmation of compliance code “FSX” when filing with the U.S. Customs and Border Protection Automated Commercial Environment system.

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