The U.S. Food and Drug Administration (FDA) has issued a guidance today explaining that FDA intends to exercise enforcement discretion regarding the application of the Foreign Supplier Verification (FSVP) rule to importers of certain live animals.
This guidance can be read on FDA's website, and applies to live animals that must be slaughtered and processed at establishments regulated by USDA and subject to USDA-administered hazard analysis and critical control point (HACCP) requirements (or at State-inspected establishments subject to requirements equivalent to the federal standards). This means the agency does not intend to enforce the FSVP requirements that these importers would otherwise have to meet. This intent to exercise enforcement discretion accounts for the role of another Federal agency with regards to these animals. This is also consistent with the exemption in the FSVP rule for certain USDA-regulated products.