Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • ENEWSLETTER >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
Food TypeRegulatoryFacilitiesGMPsIngredientsFDAFSMAGuidelines

Importing Challenges for Dietary Supplement Firms under FSMA and FSVP

March 17, 2020

When the 1994 Dietary Supplement Health and Education Act (DSHEA) created a legal class of foods, called “dietary supplements,” it carved out many unique regulatory requirements and exemptions. Since the passing of the Food Safety Modernization Act (FSMA) in 2011, dietary supplement firms have the added confusing task of identifying which FSMA rules apply, and what impact, if any, this has to their current dietary supplement quality system designed to meet 21 CFR 111, Current Good Manufacturing Practice (CGMP) in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements, as well as all other applicable statutory requirements. This can be even more challenging when a firm imports dietary supplements or ingredients.

There are seven major rules that have been issued by the FDA to support the enforcement of FSMA:

• CGMP, Hazard Analysis, and Risk-Based Preventative Controls for Human and Animal Food (HARPC)

• Foreign Supplier Verification Program (FSVP) rule

• Intentional Adulteration rule

• Product Safety rule (fruits and vegetables)

• Sanitary Transportation rule

• Standard for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption

• Voluntary Accredited Third-Party Certification Program

The CGMP and HARPC requirements for foods are dictated in 21 C.F.R. 117, but firms that are in compliance with dietary supplement CGMPs in 21 C.F.R. 111 are exempt from Subparts C – HARPC and Subpart G – Supply Chain Program of 21 C.F.R. 117. In addition, since both 21 C.F.R. 111 and 21 C.F.R. 117 define the CGMP requirements for the sourcing, manufacturing, packaging, holding, and distribution of foods, a dietary supplement firm that is in compliance with 21 C.F.R. 111 will already have a quality system in place to address the 21 C.F.R. 117 requirements as well. It is also very important to note that 21 C.F.R. 111 has very rigorous and specific quality and testing requirements for raw materials, in-process materials, packaging components and labels, and finished products; detailed requirements for manufacturing, packaging, and labeling operations; and extensive responsibilities that must be conducted by a quality unit. Table 1 depicts a comparison between the various subparts of 21 C.F.R. 111 with the requirements of 21 C.F.R. 117.

Whenever a dietary supplement product or ingredient (raw material) is imported from a foreign supplier, the FSMA FSVP rule applies. This is NOT covered under 21 C.F.R. 111. Identifying which materials and products are imported, who is the responsible party and actual importer of record, and what CGMP regulation is in place (21 C.F.R. 111 or 21 C.F.R. 117) is critical for compliance with the FSVP rule because the requirements differ depending on the situation. The U.S. Food and Drug Administration (FDA) issued a Guidance for Industry, Small Entity Compliance Guide – Foreign Supplier Verification Programs for Importers of Food for Humans and Animals: What You Need to Know About the FDA Regulation, in January 2018 to help firms understand the various requirements. An adaptation of the table in the guidance document is provided here as Table 2 with an explanation following.

In all dietary supplement product and ingredient import situations, the importer at entry must be identified per 21 C.F.R. 1.509 and a “Qualified Individual” must be established and used in accordance to 21 C.F.R. 1.503. The extent of the other applicable FSVP requirements then depends on the CGMP regulatory quality system at the actual importer. For direct importers that adhere to a dietary supplement 21 C.F.R. 111 CGMP quality system, there will already be specifications for all materials and products, and testing is required to demonstrate that those specifications have been met. Therefore, no additional FSVP requirements apply. Direct importers that do not adhere to 21 C.F.R. 111 themselves, but for whom their customer does have a dietary supplement 21 C.F.R. 111 CGMP quality system must annually obtain written assurance from that customer that they are in compliance with those requirements; and the importer themselves must adhere to the FSVP requirements for recordkeeping as defined in 21 C.F.R. 1.510.

When dietary supplements are being imported but neither the importer nor the importer’s customer is required to have a 21 C.F.R. 111 CGMP regulatory quality system, then adherence to a 21 C.F.R. 1.511(c) modified FSVP program is necessary. This program does not include the standard FSMA FSVP requirements to establish a written food safety and risk assessment program that includes gathering information from the foreign manufacturer in order to identify potential food safety hazards and establish the food safety risk of these hazards. A foreign supplier evaluation is, however, required per 21 C.F.R. 1.505 and a system to manage corrective actions is needed as dictated in 21 C.F.R. 1.508. All of this information is assembled by the “Qualified Individual” and stored on-site at the FSVP “Importer” office which is identified as required in 21 C.F.R. 1.509.

Now 25 years after the passing of DSHEA, the dietary supplement industry still struggles with compliance to CGMPs. It should come as no surprise then that an understanding of FSMA’s applicability to the dietary supplement industry, less than 10 years after its passage is another confusing and challenging regulatory issue for the dietary supplement industry. Soliciting the guidance of a qualified consultant who has detailed experience in both dietary supplement and FSMA regulations and how they must be adhered to in order to achieve complete FDA compliance is paramount and a priority. Failure to do so can create uncertainty leading to serious compliance issues and trigger FDA enforcement actions.

Tara Lin Couch, Ph.D., is the senior director of Dietary Supplement and Tobacco Services at EAS and an analytical/organic chemist with exceptional analytical abilities and over 25 years of diverse laboratory and regulatory experience in academic, field, contract, and manufacturing environments. She has assisted numerous companies with the development, improvement, and implementation of strong quality systems that are scientifically sound, efficient, practical, and compliant with all FDA regulations.

Allen Sayler is the senior director for Food Consulting Services at EAS with expertise in the areas of food processing, particularly in the area of dairy processing, infant formula, bakery products, food additives, botanical products, and food packaging. He has spent more than 30 years as a food processing and regulatory expert, with half of the time serving the industry and the other half as a state and federal government employee, including vice president of regulatory affairs and international standards at the International Dairy Foods Association.


Author(s): Tara Lin Couch, Ph.D., and Allen Sayler

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

Share This Story

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Microbiological
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Sanitation
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Management
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to eNewsletter
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Salmonella bacteria
    Sponsored byThermoFisher

    Food Microbiology Testing Methods: Salmonella species

  • a diagram explaining indicator organisms
    Sponsored byHygiena

    How Proactive Listeria Testing Helps Prevent Six- and Seven-Figure Recalls

  • woman grocery shopping
    Sponsored byCorbion

    Designing Safety Into Every Bite: Proactive Risk Mitigation for Refrigerated Foods

Popular Stories

NRTE breaded stuffed chicken

USDA Indefinitely Delays Enforcement of Salmonella as Adulterant in Raw Breaded, Stuffed Chicken

non-conforming product

How to Handle Non-Conforming Product

spoonfuls of food ingredients

FDA’s Developing Rule to Tighten GRAS Oversight Moves to White House

Events

December 11, 2025

How to Develop and Implement an Effective Food Defense Strategy

Live: December 11, 2025 at 2:00 pm EDT: From this webinar, attendees will learn common areas where companies encounter challenges in their food defense strategies and how to address them.

May 11, 2026

The Food Safety Summit

Stay informed on the latest food safety trends, innovations, emerging challenges, and expert analysis. Leave the Summit with actionable insights ready to drive measurable improvements in your organization. Do not miss this opportunity to learn from experts about contamination control, food safety culture, regulations, sanitation, supply chain traceability, and so much more.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • FSMA Update: Importing Food under the Foreign Supplier Verification Program

    See More
  • EAS Partners with Vitafoods Europe for Dietary Supplement GMP Training

    See More
  • Risk Analysis Drives Safety Testing for Dietary Supplement Maker

    See More

Related Products

See More Products
  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • 1119053595.jpg

    Food Safety for the 21st Century: Managing HACCP and Food Safety throughout the Global Supply Chain, 2E

  • 1118396308.jpg

    High Throughput Analysis for Food Safety

See More Products

Related Directories

  • AMSRA Consulting

    AMSRA Consulting provides expert regulatory and quality consulting for emerging food and supplement brands. We specialize in FDA compliance, labeling and claims, FSMA & FSVP compliance, and quality assurance. Built on integrity, respect, and dependability, we help brands ensure safety, compliance, and market success.
  • REJIMUS Inc.

    REJIMUS is a preeminent food safety and regulatory management consultancy enabling companies in the Food & Beverage, Dietary Supplement, Cosmetic and OTC industries to resolve regulatory action issues, achieve cost-efficient compliance and optimize supply chains, while mitigating overall quality and regulatory risks for ingredients and finished products.
×

Never miss the latest news and trends driving the food safety industry

eNewsletter | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing