So while the importer did have a FSVP in place and they did have paperwork from that supplier, they did not verify performance.
"The records for your (b)(4), included third party audit certificates dated (b)(4); customer letter dated 30/01/2025; egg pasteurization declaration dated 26/09/2024; manufacturer’s declaration dated 02/10/2024; heat treatment for egg products dated 6 Giugno 2024; and a (b)(3)(A). However, you did not document your review and assessment of these records, or an evaluation of your foreign suppliers’ performance and the risk posed by a food conducted under 21 CFR 1.505(a), as required by 21 CFR 1.505(b)."
"..before importing a food from a foreign supplier you did not document your determination of the appropriate supplier verification activity or activities, or the frequency with which the activity or activities must be conducted, as required by 21 CFR 1.506(d). With respect to the requirements of 21 CFR 1.506(e), regarding the performance of foreign supplier verification activities before importing a food from a foreign supplier, while you may rely on third-party food safety audits as part of your foreign supplier verification activities, you must ensure the audit is performed by a qualified auditor. Additionally, for food that is subject to one or more FDA food safety regulations, an onsite audit of the foreign supplier must consider applicable FDA food safety regulations (or, when applicable, an onsite audit may consider relevant laws and regulations of a country whose food safety system FDA has officially recognized as comparable or determined to be equivalent to that of the United States), in accordance with 21 CFR 1.506(e)(1)(i)(B). "I think this is a common issue with regulations in general. Companies feel compliance is just collecting the paperwork without understanding and then implementing meaningful verification. The goal of the regulation is that companies do more than collect the paperwork, but ensure that the supplier is performing.
FDA Warning Letter
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/eurobread-inc-dba-first-harvest-705728-07312025
Eurobread Inc. dba First Harvest
MARCS-CMS 705728 — July 31, 2025