If a foreign processor has determined that there are no safety hazards in its product, should the importer maintain a copy of the processors hazard analysis?
The regulation does not require that a processor have a written hazard analysis. However, in the event that an importer had selected option 123.12(a)(2)(ii)(D) (maintaining a copy of the foreign processor’s HACCP plan and a written guarantee of compliance with the HACCP regulation) or option 123.12(a)(2)(ii)(A) (obtaining HACCP and sanitation monitoring records) and there is no HACCP plan because the processor has determined that there are no hazards that are reasonably likely to occur, it would be prudent of the importer to be prepared to demonstrate that fact. 78.If a foreign processor has an adequate HACCP program, sends the same product to two importers, and one performs adequate verification and one does not, which products will be placed on detention without physical examination? The importer that does not perform adequate verification will be placed on detention without physical examination for that product from that foreign processor.
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