INTERNATIONAL TRADE LAW
How to Import Agricultural Products: USDA Rules
Importing agricultural products means clearing the USDA’s Animal and Plant Health Inspection Service (APHIS) — usually before the goods leave the exporting country. Most plants and plant products need an APHIS import permit and a phytosanitary certificate issued by the exporting country, and many plant and wood products also require a Lacey Act declaration at entry. These requirements exist to keep foreign pests and diseases out of U.S. agriculture, and APHIS can refuse, treat, or destroy shipments that don’t comply. Line up the permits first; the customs entry is the easy part.
APHIS Sits in Front of Customs
For agricultural goods, the gatekeeper is APHIS, acting under the Plant Protection Act and related authorities. APHIS regulates the importation of plants, plant products, seeds, soil, and organisms that could harm U.S. plant health. Many of these need a permit before shipment, and the application is handled through the APHIS eFile system. Whether a specific product needs a permit, a treatment, or is prohibited outright depends on the commodity and its country of origin, so confirm the requirement for your exact product and source before you commit to a purchase.
The Three Common Requirements
| Requirement | What it is | When it applies |
|---|---|---|
| APHIS import permit | Advance authorization to import a regulated plant/product | Most plants, seeds, soil, and plant pests |
| Phytosanitary certificate | Exporting country’s official statement the goods are pest-free | Many plants and plant products |
| Lacey Act declaration | Importer’s declaration of species and country of harvest | Plants and an expanding list of plant products |
A phytosanitary certificate is issued by the national plant protection organization of the exporting country and certifies that the goods were inspected and meet U.S. import requirements. You generally cannot obtain it after the fact, so it has to be arranged on the exporter’s side before shipment.
The Lacey Act declaration reflects a 2008 amendment that made it unlawful to import plants or plant products that were illegally harvested. The importer declares the species (scientific name) and country of harvest. APHIS has been phasing in the products that require a declaration; Phase VII began on December 1, 2024, adding items such as furniture, essential oils, sporting goods, housewares, and cork. As of January 1, 2026, APHIS no longer accepts paper PPQ 505 forms — declarations are filed electronically through CBP’s Automated Commercial Environment (ACE) or APHIS’s Lacey Act Web Governance System.
Food Crops Cross Two Agencies
If your agricultural product is also a food — produce, grains, spices — it can fall under both APHIS (plant health) and the FDA (food safety). That means you may need the APHIS permit and phytosanitary certificate and the FDA’s food-import obligations, including Prior Notice and a Foreign Supplier Verification Program. Our guide to importing food products covers the FDA side. Meat, poultry, and egg products are different again, regulated by the USDA’s Food Safety and Inspection Service rather than APHIS.
The Customs Entry Still Applies
APHIS clearance does not replace the customs entry. You remain the importer of record, classify the goods under the correct HTS code, post a bond on formal entries, and pay duty. For bulk commodities and unprocessed inputs, our guide to importing raw materials covers the customs mechanics that apply alongside the APHIS requirements.
Frequently Asked Questions
What do I need to import plants into the U.S.?
Typically an APHIS import permit obtained in advance, a phytosanitary certificate from the exporting country, and — for many plant products — a Lacey Act declaration at entry. Some plants are prohibited or require treatment, so the requirement depends on the species and origin.
What is a phytosanitary certificate?
It is an official document issued by the exporting country’s plant protection authority certifying that the plants or plant products were inspected and meet the importing country’s requirements. It must generally be arranged before the goods ship.
What is the Lacey Act declaration?
It is a declaration that the plant or plant product was legally harvested, identifying the species and country of harvest. The Lacey Act makes importing illegally harvested plants unlawful, and APHIS has been steadily expanding the list of products that require the declaration.
Do agricultural foods also need FDA clearance?
Often yes. If the product is food, it can be subject to both APHIS plant-health rules and the FDA’s food-safety rules (Prior Notice and FSVP). Meat and poultry instead go through USDA FSIS.
Importing agricultural products cleanly means securing the APHIS permits and certificates — and any FDA clearance — before the customs entry is filed. Reidel Law Firm helps agricultural importers map those obligations on flat-fee terms, with a plain-English compliance memo and direct attorney access. Get a flat-fee import compliance memo.
