FDA Warning Letter
US Tov Inc. dba US Trading Company
Foreign Supplier Verification Program (FSVP)
- 発出日
- 2026.10.16
- 掲載日
- 2026.11.03
- 発行オフィス
- Office of Inspections and Investigations
- MARCS-CMS 番号
- 739791
- 配達方法
- Via Express Delivery
- 宛先
- Fanny Tov
本文(英語原文)
- Delivery Method:
- Via Express Delivery
- Product:
- Food & Beverages
- Recipient:
-
Recipient NameFanny Tov
-
Recipient TitleManager and Co-CEO
- US Tov Inc. dba US Trading Company
21118 Cabot Blvd
Hayward, CA 94545-1130
United States
- Issuing Office:
- Office of Inspections and Investigations
United States
October 16, 2026
WARNING LETTER
Re: CMS # 739791
Dear Ms. Tov:
On May 12, 2026, through May 29, 2026, the Food and Drug Administration (FDA) conducted a Foreign Supplier Verification Program (FSVP) inspection of US Tov Inc. dba US Trading Company located at 21118 Cabot Blvd, Hayward, CA 94545-1130. We also conducted inspections on February 13, 2024, through March 11, 2024, and October 21, 2024, through November 8, 2024. These inspections were conducted to determine compliance with the requirements of section 805 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 384a) and the implementing FSVP regulation in 21 CFR part 1, subpart L.
The FSVP regulation requires that importers perform certain risk-based activities to verify that human and/or animal food they import into the United States has been produced in a manner that meets applicable United States food safety standards. You may find information relating to the FSVP regulation and your responsibilities to comply with the regulation through links in FDA’s FSVP web page at https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-foreign-supplier-verification-programs-fsvp-importers-food-humans-and-animals.
During the most recent inspection, we found that you are not in compliance with the requirements of 21 CFR part 1, subpart L for the foods from the foreign suppliers indicated in the attached list. Because of these significant violations, you are not in compliance with section 805 of the FD&C Act.
At the conclusion of the inspection, our investigator provided you with a Form FDA 483a FSVP Observations.
We acknowledge receipt of your responses, dated June 12, 2026, in which you stated that an FSVP program had been established and implemented, but some supplier files were incomplete or lacked required documentation. You also stated that you completed a review of all referenced foreign suppliers to identify gaps and continued outreach to suppliers to obtain missing documentation. We are unable to evaluate the adequacy of your response because you have not provided any supporting documentation demonstrating your corrective actions. To date, no additional FSVP documents have been received by FDA.
Your significant violations of the FSVP regulation are as follows:
You did not develop, maintain, and follow an FSVP, as required by section 805 of the FD&C Act and 21 CFR 1.502(a). Specifically, you did not develop an FSVP for the foods you import from the foreign suppliers indicated in the attached list, including each of the following foods:
- Filled/iced cookies, biscuits and wafers from (b)(4), located in (b)(4)
- Cakes, filled from (b)(4), located in (b)(4).
- Bean curd, fresh-soft or hard from (b)(4), located in (b)(4).
The above violations are not intended to be an all-inclusive list of violations of the FSVP requirements. It is your responsibility to ensure that you are in compliance with section 805 of the FD&C Act and the implementing regulation in 21 CFR part 1, subpart L.
This letter notifies you of our concerns and provides you an opportunity to address them. If you do not adequately address this matter, we may take further action. For instance, we may take action under section 801(a)(3) of the FD&C Act (21 U.S.C. 381(a)(3)) to refuse admission of the food you import for which you appear to be in violation of section 805. We may place the foods you import into the United States on detention without physical examination (DWPE) when you import the foods. You can find DWPE information relating to FSVP in Import Alert # 99-41 at http://www.accessdata.fda.gov/cms_ia/ialist.html. In addition, the importation or offering for importation into the United States of an article of food without the importer having an FSVP that meets the requirements of section 805 of the FD&C Act or the FSVP regulation is prohibited under section 301(zz) of the FD&C Act (21 U.S.C. 331(zz)).
You should respond in writing within fifteen (15) working days from your receipt of this letter. Your response should address the specific things you are doing to correct any violations. You should include in your response documentation and information that would assist us in evaluating your corrections (e.g., documentation of changes you made, such as a copy of your FSVP, records to demonstrate implementation of your FSVP), and any additional information that you wish to supply relevant to your compliance with the FSVP regulation. If you believe that you are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. If you cannot complete all corrections within 15 working days, you should explain the reason for your delay and state when you will correct any remaining violations.
Please send your reply to Food and Drug Administration, Attention: Celena Ngo, Compliance Officer, Division of West Coast Imports, One World Trade Center, Suite 300, Long Beach, CA 90831. If you have any questions regarding this letter, or wish to send your response electronically, you may contact Celena Ngo via email at celena.ngo@fda.hhs.gov. Please reference CMS # 739791 on any documents or records you provide to us and on the subject line of any email correspondence you send to us.
Sincerely,
/S/
Dr. Kathleen Turner
Program Division Director
Division of West Coast Imports
cc: Mr. Vincent Y. Tov, Co-CEO
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取得日: 2026.11.10
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