INTERNATIONAL TRADE LAW
USDA Import Regulations: What Importers Must Know
USDA import regulations control who can ship agricultural goods into the United States, from which countries, and with what paperwork — and three separate USDA agencies enforce them. If you import meat, poultry, eggs, live animals, plants, produce, or seafood, the first job is figuring out which agency has jurisdiction over your product, because each runs a different approval system. Getting that wrong is the fastest route to a held, refused, or destroyed shipment.
The U.S. Department of Agriculture’s mandate is to keep pests, animal and plant diseases, and unsafe food out of the country while protecting domestic agriculture. It does this through permits, foreign-system certifications, inspections at the border, and required documents that must travel with the goods.
Which USDA agency regulates your import?
Three USDA agencies handle imports, and they rarely overlap. Identify yours before you do anything else.
| Agency | What it regulates | Core tools |
|---|---|---|
| FSIS (Food Safety and Inspection Service) | Meat, poultry, and processed egg products; catfish/Siluriformes | Country “equivalence,” certified foreign establishments, port reinspection |
| APHIS (Animal and Plant Health Inspection Service) | Live animals, animal products, plants, plant products, seeds, soil | Import permits (APHIS eFile), phytosanitary certificates, quarantine |
| AMS (Agricultural Marketing Service) | Grading and quality standards, the National Organic Program, country-of-origin labeling | Marketing orders, organic certification, COOL rules |
A single shipment can touch more than one agency. Imported meat clears U.S. Customs and Border Protection (CBP) and APHIS first, then moves to FSIS for reinspection.
FDA vs. USDA: who regulates which foods
Roughly 80% of the U.S. food supply is regulated by the Food and Drug Administration (FDA), not the USDA. The split matters because it determines which permit and inspection regime applies.
| Product | Primary regulator |
|---|---|
| Beef, pork, lamb, poultry | USDA / FSIS |
| Processed egg products (liquid, frozen, dried) | USDA / FSIS |
| Catfish and other Siluriformes (basa, tra, swai) | USDA / FSIS |
| Shell eggs | FDA |
| Most seafood (except catfish) | FDA |
| Fruits, vegetables, dairy, processed foods, supplements | FDA |
Catfish moved from FDA to USDA/FSIS oversight in 2016, following a 2014 Farm Bill amendment to the Federal Meat Inspection Act — a change driven largely by trade policy. If you import fish, confirm whether your species is Siluriformes before assuming the FDA controls it.
Meat, poultry, and egg products: the equivalence system
FSIS does not inspect foreign plants the way it inspects U.S. plants. Instead, it certifies whole national systems. A country may export meat, poultry, or egg products to the U.S. only if FSIS has found its food-safety inspection system “equivalent” to the U.S. system, and only from establishments that country has certified and listed as eligible.
FSIS implements the Federal Meat Inspection Act (FMIA), the Poultry Products Inspection Act (PPIA), and the Egg Products Inspection Act (EPIA), with regulations at 9 CFR Parts 300–590. Equivalence does not require an identical system — the exporting country must objectively demonstrate that its laws, regulations, and procedures deliver an equivalent level of public-health protection.
At the border, every shipment is reinspected at an official import inspection establishment. FSIS inspectors check the product and its accompanying foreign inspection certificate before the goods may enter U.S. commerce. No equivalence, no eligible establishment, or no valid certificate means no entry.
Plants and plant products: APHIS permits and certificates
APHIS regulates imports of plants, plant products, seeds, fruits, vegetables, and soil to keep foreign pests and diseases out. Most of these imports require an APHIS import permit, applied for through the agency’s online system, APHIS eFile, which replaced the older ePermits platform.
Common requirements include:
- A phytosanitary certificate issued by the exporting country’s plant-protection authority, confirming the goods were inspected and found free of regulated pests.
- A prescribed treatment (such as fumigation or heat treatment) for certain commodities before or on arrival.
- A Lacey Act declaration for many plants and plant products. APHIS collects these declarations, which are now filed electronically through CBP’s Automated Commercial Environment (ACE) or the Lacey Act Web Governance System (LAWGS) — APHIS no longer accepts paper PPQ 505/505B forms as of January 1, 2026.
Animals and animal products: APHIS Veterinary Services
Live animals and many animal products fall under APHIS Veterinary Services. Expect import permits, health certificates from the exporting country, and, for many live animals, a quarantine period at an approved facility. Requirements vary sharply by species and by the animal-disease status of the country of origin, so check the specific commodity and country pairing rather than relying on general rules.
Documents to line up before you ship
The exact set depends on the commodity, but most USDA-regulated imports need some combination of the following:
| Document | Typically required for |
|---|---|
| APHIS import permit | Plants, plant products, live animals, animal products |
| Phytosanitary certificate | Plants and many plant products |
| Foreign inspection certificate | Meat, poultry, egg products (FSIS) |
| Veterinary health certificate | Live animals, certain animal products |
| Lacey Act declaration | Many plants and plant-product imports |
| Treatment certificate | Commodities requiring fumigation/heat treatment |
Build this list early. Missing or inaccurate paperwork is one of the most common reasons agricultural shipments are delayed at the port.
What happens if you don’t comply
Non-compliant agricultural imports can be refused entry, held, re-exported, or destroyed — at the importer’s expense. USDA can also pursue penalties and, working with CBP, hold future shipments to closer scrutiny. Beyond the direct cost, a refusal record can complicate every entry that follows. The practical takeaway: verify jurisdiction, secure permits, and confirm your documents before the goods leave the foreign port, not after they arrive.
Frequently asked questions
Do I need a USDA permit to import food? It depends on the product. Meat, poultry, and egg products go through the FSIS equivalence and reinspection system; plants, animals, and their products generally require an APHIS import permit via APHIS eFile. Most FDA-regulated foods (produce, dairy, most seafood, processed foods) do not need a USDA permit but have their own FDA requirements.
What is a phytosanitary certificate? It is an official document from the exporting country’s plant-protection authority certifying that the plants or plant products were inspected and are free of regulated pests and diseases. APHIS requires it for many plant imports.
Why is catfish regulated by the USDA instead of the FDA? A 2014 Farm Bill provision amended the Federal Meat Inspection Act to make all fish of the order Siluriformes — including catfish, basa, tra, and swai — “amenable” to FSIS inspection. Oversight shifted to USDA/FSIS in 2016.
Can the USDA and FDA both regulate the same shipment? Yes. Jurisdiction over some products, such as imported shell eggs, is shared among FDA, APHIS, and AMS. Confirm every agency that may have a say before you import.
Talk to an import compliance attorney
Reidel Law Firm helps importers map the right agency, secure the correct permits and certificates, and avoid costly detentions — delivered as a flat-fee import/export compliance memo with direct attorney access. Get a flat-fee import compliance memo →
For related guidance, see our overviews of how to import food products to the U.S., FDA food import regulations, and country-of-origin labeling, or visit our International Trade Law practice page.
