How to Import Food Products to the U.S.

To import food into the U.S., you must satisfy both U.S. Customs and Border Protection and the Food and Drug Administration (FDA) — which means a registered facility, advance “Prior Notice” of each shipment, a Foreign Supplier Verification Program, and compliant labeling, on top of normal customs entry. Food is one of the most heavily gatekept categories at the border, and missing a single FDA step can get a shipment held or refused. Here is the compliance path, in order.

FDA Sits On Top of the Normal Customs Process

Every commercial food import clears customs the same way other goods do — you file an entry, post a bond, and declare classification, value, and origin (see our general import-compliance guide). What makes food different is the layer of FDA import requirements riding on top. CBP will not release an FDA-regulated food shipment until the FDA data is filed and the shipment clears FDA review. Some foods also pull in other agencies — meat, poultry, and processed egg products fall under USDA’s Food Safety and Inspection Service, not FDA.

Step 1: Register the Foreign Food Facility With FDA

Facilities that manufacture, process, pack, or hold food for U.S. consumption must register with the FDA. Registration is renewed biennially, during the October 1–December 31 window of each even-numbered year; a registration not renewed by December 31 of the renewal year is considered expired. A foreign facility must also designate a U.S. agent. Without a current registration, the facility’s food cannot legally enter.

Step 2: File Prior Notice for Every Shipment

The FDA requires advance Prior Notice of every imported food shipment. Prior Notice tells the FDA what is coming, from which facility, so the agency can decide whether to examine it on arrival. It is filed electronically (typically through CBP’s ACE system or FDA’s Prior Notice System Interface) within the timeframes FDA sets for each mode of transport. Skip it, and CBP will not release the goods — and the shipment can be refused or held at the port.

Step 3: Build a Foreign Supplier Verification Program (FSVP)

Under the FDA’s Foreign Supplier Verification Program rule, the U.S. importer must verify that its foreign suppliers produce food consistent with U.S. safety standards. In practice, the FSVP importer develops, maintains, and follows a written program for each food — evaluating the food’s hazards and the supplier’s performance, and keeping records. For each line entry, the importer must provide its name, email address, and a unique facility identifier; FDA recognizes the DUNS number for this purpose. Some foods are exempt, but most importers need an FSVP, and an FSVP does not excuse Prior Notice — the two requirements are separate.

Step 4: Get the Labeling Right Before You Ship

Food labels must meet FDA requirements before the product reaches consumers — including an accurate statement of identity, net quantity, ingredient and allergen declarations, the Nutrition Facts panel, and the name and place of business of the manufacturer, packer, or distributor. Because labeling problems are a leading cause of detention, fix the label before shipping rather than after a hold. If you also sell into other markets, build a label that meets each market’s rules rather than assuming one design works everywhere.

Where Food Imports Get Held

The FDA can detain food at the border; our broader guide to importing food products into the United States walks through reconditioning options. Common triggers and what they mean:

Special product categories add their own rules — low-acid canned foods and acidified foods, for example, carry additional FDA process-filing requirements aimed at preventing botulism.

FAQ

Do I need both a customs broker and an FDA agent? Often, yes. A customs broker handles the CBP entry; a foreign facility separately needs a U.S. agent for FDA purposes. They are different roles.

Is Prior Notice the same as facility registration? No. Registration is a one-time-then-renewed step for the facility; Prior Notice is filed for every individual shipment.

Does FSVP apply to me if I only buy from one supplier? Likely yes. FSVP applies per imported food and per foreign supplier unless a specific exemption fits — single-supplier status does not exempt you.

What happens if my food is detained? FDA issues a notice and gives you a chance to respond with evidence or to recondition the product. Acting quickly and with documentation is essential.

Importing food into the U.S.? Reidel Law Firm delivers a flat-fee Import/Export Compliance Memo — a plain-English review of your facility registration, Prior Notice and FSVP obligations, labeling, and customs entry, with direct attorney access. Get a flat-fee compliance memo →