What Every Fresh Produce Importer Needs to Know About FSVP Enforcement

Of 38 FSVP Warning Letters issued last year, roughly half involved importers of fresh fruits and vegetables. Ten of those originated from the FDA's Division of Southwest Imports, a signal that southwest border entry points are under particularly close scrutiny. For importers moving product through California, Arizona, or Texas, the risk profile is real and immediate.

Under Section 801 of the Federal Food, Drug, and Cosmetic Act (21 USC 381), FDA officials can refuse entry to imported food if it appears to have been produced under insanitary conditions, is adulterated or misbranded, or fails to meet FSVP requirements.

The letters were not primarily about contaminated product. They cited failures to maintain required records demonstrating FSVP compliance. In plain terms, importers could not show the FDA that they had adequately verified their foreign suppliers met U.S. food safety standards.

The pattern is consistent: the agency identifies non-compliance, allows time to correct, and then issues formal action when correction does not occur. The multi-year gap between initial inspection and Warning Letter is not leniency. It is process. Importers who treat early observations as low-priority background noise are the ones who end up in the enforcement record.

Fresh produce is perishable. Your license to import it is not automatically renewable. Building and maintaining a defensible FSVP program is not just a compliance obligation. It is operational insurance for every shipment you move across the border.

J&B works directly with fresh produce importers to build FSVP programs. From supplier verification documentation to traceability recordkeeping and inspection readiness, we help you move product across the U.S. border with confidence, not guesswork.

If you're ready to import to the United States safely and compliantly, let's build that foundation together.

What we bring to your program:

• FSVP program development and gap analysis tailored to fresh produce supply chains

• Supplier verification documentation review and corrective action support

• Preparation and response support for FDA inspections and Warning Letters

Contact J&B today to get started.

Email: jay@jnbfoodconsulting.com