• Food-Contact Substances Subject to Final FSMA Foreign Supplier Verification Rule
  • November 27, 2015
  • Law Firm: Keller Heckman LLP - Washington Office
  • The U.S. Food and Drug Administration (FDA) made available on Friday, November 13, 2015, the pre-publication version of a final rule implementing the Foreign Supplier Verification Programs [FSVP] for Importers of Food for Humans and Animals provision of the FDA Food Safety Modernization Act (FSMA). Despite previous assurances from the Agency, the FSVP rule does not exempt food contact substances from the substantive requirements of the new regulation.

    FDA stated in the final rule that the Agency does not consider it appropriate to exclude food-contact substances from the definition of "food" for FSVP purposes. The Agency cited to a lack of evidence that Congress intended to exclude food-contact substances from FSVP requirements in making this assertion.

    While we are surprised by the Agency's conclusion and disagree with their findings, we are currently evaluating the lengthy FSVP rule to determine the impacts on food-contact material suppliers. We encourage you to visit our website packaginglaw.com for updates and a forthcoming description of the implications of the rule.