INTERNATIONAL TRADE LAW
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.