How to Import Food Products Into the US

If you are a US food importer, knowing how to import food products into the US is the foundation of a compliant, profitable operation. The US market offers enormous demand, but it also carries some of the most rigorous food safety requirements in the world. From FDA registration to customs clearance, every step has a process, and getting it right the first time saves you from costly delays, shipment rejections, and regulatory penalties.

This guide walks you through the entire process, from understanding the regulatory framework to clearing your first shipment at the port of entry.

Understanding How to Import Food Products Into the US

The US Food and Drug Administration (FDA) and US Customs and Border Protection (CBP) are the two primary agencies overseeing food imports. The FDA governs food safety and labeling standards, while CBP handles the physical entry, tariff collection, and admissibility decisions at the border.

Any food product entering the United States, including fresh produce, processed goods, beverages, dietary supplements, and seafood, falls under FDA jurisdiction unless it is a meat, poultry, or egg product, which falls under the USDA’s Food Safety and Inspection Service (FSIS).

In our experience, the most common mistake importers make is assuming a product that clears customs is automatically FDA-compliant. These are two separate processes, and both must be satisfied before your goods can legally enter commerce.

Step-by-Step: How to Import Food Products Into the US

Step 1: Register the Foreign Food Facility with the FDA

Under the Food Safety Modernization Act (FSMA), every foreign food facility that manufactures, processes, packs, or holds food for US consumption must be registered with the FDA. Registration is done through the FDA’s Unified Registration and Listing System (FURLS) and must be renewed every two years during even-numbered years.

A food shipment from an unregistered facility will be refused entry at the US border. Verify your supplier’s FDA registration number before placing your first order.

Step 2: Submit Prior Notice to the FDA

Prior Notice (PN) must be submitted to the FDA before every shipment of food enters the US. This notification must be filed no more than 15 days before arrival and no less than 2 hours prior (for road entry) to 8 hours prior (for ocean entry). PN is submitted through the FDA’s Prior Notice System Interface (PNSI) or through the CBP’s Automated Broker Interface.

A common trap we see is importers submitting Prior Notice without the correct FDA registration number for the foreign facility. This alone can trigger a shipment hold.

Step 3: Classify Your Product with the Correct HS Code

Every food product is assigned a Harmonized System (HS) code, which determines the applicable duty rate and any additional trade remedies. Misclassification is a leading cause of customs penalties. Use the US Harmonized Tariff Schedule to identify the correct 10-digit code for your product.

Duty rates for food products range from zero to over 20%, depending on the product and country of origin. Countries with active Free Trade Agreements (FTAs) with the US may qualify for preferential rates, which can significantly reduce landed costs.

Step 4: Prepare Import Documentation

For every food shipment entering the US, you will need the following core documents:

• Commercial Invoice showing product description, quantity, unit price, and country of origin
• Bill of Lading or Airway Bill from the carrier
• Packing List with weight and volume details
• FDA Prior Notice Confirmation Number
• Phytosanitary Certificate for fresh produce, grains, or plant-based products (issued by the country of export)
• Health Certificate for animal-origin products such as seafood or dairy
• Certificate of Origin if claiming preferential duty treatment under an FTA

Step 5: Ensure FDA Labeling Compliance

All food products sold in the US must carry labels that meet FDA requirements. This includes a principal display panel with the product name, a nutrition facts panel, an ingredients list in descending order by weight, allergen declarations, net quantity of contents, and the name and address of the US importer or distributor.

Labeling errors are one of the top reasons food shipments are refused at US ports. Review FDA labeling guidance thoroughly before production begins, not after goods are manufactured.

Step 6: Work with a Licensed Customs Broker

A licensed US customs broker acts as your agent with CBP and helps file the entry, classify goods, calculate duties, and ensure all documentation is in order. For food imports in particular, where FDA holds and CBP examinations can stall shipments for days, having an experienced broker is a strategic advantage, not just a convenience.

Step 7: Clear Customs and Pay Duties

Once the shipment arrives, CBP will review the entry documents. Shipments may be released immediately, held for examination, or referred to the FDA for inspection. If the FDA places a shipment on import alert, it will be detained without physical examination (DWPE) until the importer can demonstrate compliance.

Duties must be paid within 10 working days of the entry summary date. If the FDA releases the goods, they can proceed into US commerce.

Common Pitfalls and Expert Tips

Do not skip supplier audits. In our experience, food safety violations are often traced back to supplier practices rather than importer negligence. Request factory audit reports, conduct third-party inspections, and review your supplier’s Hazard Analysis Critical Control Points (HACCP) plan before signing a sourcing agreement.

Watch for import alerts. The FDA maintains a public list of facilities and products on import alert at FDA Import Alerts. Sourcing from a supplier on this list can cause your shipment to be detained automatically.

Plan for sampling and testing. CBP and the FDA can collect samples from your shipment for laboratory analysis. Budget for this as a standard cost of doing business, and ensure your product meets US maximum residue limits (MRLs) and contaminant standards before shipment.

Use a Foreign Supplier Verification Program (FSVP) agent. Under FSMA, US importers are required to implement an FSVP for each foreign supplier. If you are new to food importing, working with a qualified FSVP agent is both a legal requirement and a practical safeguard.

For a broader view of sourcing from emerging markets, our guide on how to import from Southeast Asia covers supplier due diligence strategies that apply across food and non-food categories. If you are also sourcing manufactured goods, see our article on how to import electronics: duties and rules for a comparative look at the US customs process.

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Frequently Asked Questions

Do I need an FDA license to import food into the US?

There is no separate FDA “import license,” but the foreign food facility supplying your goods must be registered with the FDA. As the US importer, you are responsible for ensuring this registration is active and valid before each shipment.

How long does FDA clearance take for food imports?

Most compliant shipments are released within 1 to 3 business days. Shipments flagged for examination or sampling can take 5 to 10 business days or longer. Shipments placed on import alert may be detained indefinitely until the importer resolves the underlying compliance issue.

What is a Foreign Supplier Verification Program (FSVP)?

FSVP is an FDA requirement under FSMA that mandates US importers verify their foreign food suppliers are producing food in a manner that meets US safety standards. This includes supplier audits, hazard analysis, and ongoing monitoring of supplier performance.

Are food duties high in the US?

It depends on the product and origin. Many basic food commodities enter at low or zero duty rates, particularly from FTA partner countries. Sensitive categories such as dairy, sugar, and certain meats can carry higher rates or be subject to tariff-rate quotas. Always verify the current rate using the official Harmonized Tariff Schedule before finalizing your landed cost calculations.

What happens if my food shipment is refused by the FDA?

A refused shipment must be re-exported or destroyed within a specified timeframe. You may file a request for re-examination or submit additional documentation to contest the refusal, but the burden of proof falls on the importer. Engaging an FDA regulatory consultant is advisable in these situations.