Who counts as the importer of record
The importer is the US owner or buyer of the food at the time it's offered for import into the United States. If there's no US owner or buyer at the point of entry, the importer of record becomes the US agent representing the foreign exporter — confirmed by a signed statement of consent. This designation isn't a formality: it determines who FDA holds accountable if something in the shipment doesn't check out.
What the importer owns end to end
- HACCP importer verification — satisfying 21 CFR 123.12 through an equivalency agreement or documented affirmative steps, not standard FSVP
- Prior Notice — filed and confirmed before the shipment arrives, with product, processor, and origin details matched to the entry
- Recordkeeping — maintaining traceability records linking each shipment to its source, processor, and intended customer, producible within 24 hours of an FDA request
- Label accuracy — verifying the label matches what's declared at entry, even though the foreign processor physically applies it
- Facility registration status — confirming the foreign processor's FDA registration is current, not lapsed on the biennial renewal cycle
A broker isn't a substitute for the importer's own verification file
A customs broker manages entry filing mechanics — they are not the party responsible for satisfying 21 CFR 123.12. That obligation stays with the importer of record even when a broker or outside consultant helps assemble the paperwork. If FDA questions the verification file during an inspection, it's the importer's name on the line, not the broker's.
Recordkeeping in practice
Importers must be able to produce traceability records — linking a specific shipment to its source, processor, and downstream customer — within 24 hours of an FDA request. For a business moving seafood regularly, this means a documented system, not an ad hoc file search each time a request comes in. Records should be retained for at least two years.
Frequently asked
Who is legally the seafood importer of record?
The US owner or buyer at the time of import, or the US agent representing the foreign exporter if there's no US owner or buyer, confirmed by signed consent.
Can a customs broker take on seafood HACCP verification responsibility?
No. A broker handles entry filing. The HACCP importer-verification obligation stays with the importer of record.