Who counts as the importer of record
The importer is the US owner or buyer of the tea 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 determines who FDA holds accountable if something in the shipment doesn't check out — and it isn't always the company whose brand ends up on the retail package.
What the importer owns end to end
- FSVP hazard analysis and supplier verification — for each foreign tea supplier, covering pesticide residue, heavy metals, and microbial hazards
- Prior Notice — filed and confirmed before the shipment arrives, with facility, product code, and origin details matched to the entry
- Recordkeeping — FSVP records maintained for at least two years, producible on FDA request
- Label accuracy — verifying statement of identity, net quantity, and Nutrition Facts match what's declared at entry
- Facility registration status — confirming the foreign processor's FDA registration is current, not lapsed on the biennial renewal cycle
A qualified individual can perform FSVP activities — but doesn't take on the importer's liability
Many tea importers appoint an FSVP agent or qualified individual to manage hazard analyses and supplier verification day to day. That delegation is allowed, but it doesn't shift legal responsibility — the importer of record remains accountable to FDA for the program's adequacy, even when a third party performs the work.
Recordkeeping in practice
FSVP records — hazard analyses, supplier evaluations, verification activity results, corrective actions — must be retained for at least two years and produced within a reasonable time of an FDA request. Electronic records are acceptable, provided they're organized well enough to actually locate what FDA asks for during an inspection or audit.
Frequently asked
Who is legally the tea importer of record?
The US owner or buyer at the time of import, or the US agent representing the foreign supplier if there's no US owner or buyer, confirmed by signed consent.
Is the FSVP importer always the same company as the customer buying the tea at retail?
No — the FSVP importer is whoever owns or purchases the tea at the time of import, which can be a distributor, blender, or private-label brand upstream of the retail relationship.