INTERNATIONAL TRADE LAW
How to Export Food Products: Certificates & Agencies
Exporting U.S. food usually comes down to two things: an export certificate the destination country will accept, and meeting that country’s own food rules — and which agency issues the certificate depends on what you are shipping. Meat runs through the USDA; most other foods run through the FDA. Sorting that out first saves you from filing the wrong paperwork. This guide breaks food exports down by product type, certificate, and the destination’s requirements.
Most foods are FDA-regulated
For the broad category of FDA-regulated foods — processed foods, produce, seafood, beverages, dietary supplements — the FDA does not pre-approve exports, but foreign buyers and their governments frequently require an export certificate proving the product may be legally sold in the United States. The FDA issues certificates such as the Certificate to Foreign Government and the Certificate of Free Sale for that purpose.
Underlying obligations still apply. Domestic food facilities must maintain FDA food facility registration, and certain product lines carry mandatory safety systems — for example, FDA’s HACCP requirements for seafood and juice. The Food Safety Modernization Act (FSMA) reshaped U.S. food safety, but its importer-facing programs (such as the Foreign Supplier Verification Program) govern goods coming in; on the export side, the practical requirements are registration, recordkeeping, and the certificate your buyer’s country asks for.
Meat, poultry, and egg products run through USDA FSIS
Meat, poultry, and egg products are carved out of FDA jurisdiction and handled by the USDA Food Safety and Inspection Service (FSIS). The rules are stricter and country-specific:
- Product must come from a federally inspected establishment.
- FSIS publishes destination requirements in its Export Library, country by country.
- Each shipment is certified through the Public Health Information System (PHIS), using the general Form 9060-5 (Meat and Poultry Export Certificate of Wholesomeness) or a country-specific certificate where one is required.
Because importing countries frequently change their requirements, the Export Library is the document to check before every shipment, not once.
Match the product to the agency
| Product | Lead agency | Typical export certificate |
|---|---|---|
| Processed foods, produce, beverages, supplements | FDA | Certificate to Foreign Government / Certificate of Free Sale |
| Seafood, juice | FDA (mandatory HACCP applies) | FDA export certificate as required by destination |
| Meat, poultry, egg products | USDA FSIS | Form 9060-5 or country-specific form via PHIS |
| Alcoholic beverages | TTB (plus FDA labeling) | Export permits/certificates |
The destination country’s rules govern
A U.S. certificate does not override the importing country’s food law. Destinations set their own rules on labeling (language, nutrition format, allergen declarations), additives, maximum residue limits, and shelf-life coding. Standards such as HACCP and ISO 22000 are widely expected food-safety management frameworks and are worth holding regardless of destination, but they do not replace a specific country’s import requirements. Confirm those requirements — and any required import permit — with the buyer before production, not after the goods are at the port.
The export paperwork
A food export generally needs a commercial invoice, a packing list, the correct Schedule B / HTS classification, the applicable FDA or FSIS export certificate, and an Electronic Export Information (EEI) filing in the Automated Export System for shipments over $2,500 per Schedule B number or any shipment requiring a license. A certificate of origin is common, and origin documentation may be needed to claim trade-agreement tariff preferences.
Frequently asked questions
Does the FDA approve food exports? No. The FDA does not pre-approve exports, but it issues export certificates (such as the Certificate to Foreign Government or Certificate of Free Sale) when a buyer’s country requires proof the food is legally sold in the U.S.
Who certifies meat and poultry exports? USDA FSIS. The product must come from a federally inspected establishment and be certified through PHIS using Form 9060-5 or a country-specific form from the FSIS Export Library.
Is HACCP required to export food? HACCP is mandatory for seafood and juice under FDA rules and is widely expected by foreign buyers for other foods, but it does not replace the destination country’s specific import requirements.
When do I have to file EEI? For exports over $2,500 per Schedule B number, or for any shipment that requires an export license.
For related guides, see how to export agricultural products, or our international trade law practice page.
Exporting a regulated product and want the rules mapped before you ship? Reidel Law Firm delivers a flat-fee Import/Export Compliance Memo covering your classification, licensing, and documentation obligations — with direct attorney access. Get a flat-fee compliance memo →
