How to import food to USA?

Importing food to USA can be complex and challenging especially if you are a first time importer. I have been getting too many questions from the users about the import procedures to import food to USA and so I thought sharing some insights that might prove to be helpful.

If you are interested to import food to USA for commercial resale purposes then you must consult with a U.S. Customs and Border Protection (CBP) Import Specialist at the U.S. port of entry through which you intend to import.

The Import Specialist will let you know what is required to import food to USA which varies depending on the type of food, the country of origin of the food, as well as whether or not there are quota or other restrictions on what you want to import.

Various Departments that you may have to deal with when importing food to USA:

There are three main departments  that determine the admissibility of various food products imported into the United States namely U. S. Department of Agriculture (USDA), and U.S. Food and Drug Administration (FDA) and the U.S. Fish & Wildlife Service (USFWS) which is responsible for food products derived from wildlife. CBP enforces those requirements.

If you are involved in commercial imports of food and beverage products then you are required to file a Prior Notice (PN) with FDA and, if the products contain meat, egg, milk, poultry, or other animal origin products, may require permits, health certificates, and/or other specified certifications from the country of origin.

In general, these requirements DO NOT apply to food items brought by a traveler into the U.S. or being sent by an individual for personal use. However, you should contact the above mentioned government agencies for their requirements.

If you are a foreign manufacturer and/or distributor of food products then you must register with the FDA before your goods can be admitted.

It is mandatory to file PN with the FDA because without the proof CBP will not release food shipments. Therefore, it is imperative that the PN satisfied number is submitted to CBP along with the entry documents. The PN satisfied number should be annotated on the shipping documents (i.e. bill of lading or airway bill).

You must also keep in mind that in addition to the PN requirement, once the food items arrive in the U.S., FDA may collect a sample or inform CBP to proceed with releasing the shipment. If a sample is in violation of FDA regulations, you will receive a Notice of Detention from FDA.

For your convenience I have mentioned various numbers of CBP and other concerned agencies where you can make calls to inquire about your detained shipments and for other assistance:

• If your food items are detained by FDA you can call the number referenced on the detention notice the main number for Import Operations and Policy at (301) 443-6553.

• If you want more information about the Bio-Terrorism Preparedness and Response Act regulations and assistance with filing PN, please contact the Food and Drug Administration at 1-800-216-7331, if outside the U.S. call (301) 575-0156.

• If you are interested to import food to USA that is a plant or farm animal product then you should consult with the U.S. Department of Agriculture. The product may be prohibited or restricted from entering the United States and you cannot import it.

• To inquire about the admissibility of meats, livestock, poultry and their products intended for commercial and resale purposes then call the Food Safety and Inspection Service, Import Division, at (202) 720-9904. They can only advise about requirements for commercial and resale imports.

• If you are interested in importing fruits, and vegetables call the Plant division of the Animal and Plant Health Inspection Service at (301) 734-8295.

• If you are importing Baked goods, seafood, canned and packaged goods, candy and chocolate, etc. to USA then it must be labeled with country of origin, ingredients, and nutrition information. For information about labeling, please call the Office of Food Labeling at (202) 205-4606.

When importing food to USA you may have to deal with many unforeseen situations and it is recommended by CBP that you must hire an experienced and a licensed customs clearance agent in USA to handle all the import documentation and related tasks professionally.

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(This blog post has references from CBP’s guidelines about the import of food to USA https://help.cbp.gov/app/answers/detail/a_id/83/~/importing-food-for-commercial-use-%28resale%29)

Mr. Glenn L. Lobas is a Licensed Customs Broker in Maryland, US with over 30 years of experience and helps over 200 customers regularly to import from China to USA.

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