American grocery shelves overflow with foods and fresh fruits from every corner of the globe. The nation’s appetite for diverse flavors represents a lucrative market for international exporters worldwide.
However, capitalizing on this opportunity requires more than just exceptional products. Successfully navigating the complex U.S. regulatory landscape, overseen by agencies like the FDA and USDA, is paramount.
This guide provides a practical roadmap for businesses looking at how to import food and fruits to the USA. We’ll demystify the essential requirements, from FSMA compliance and FDA Prior Notice submissions to proper labeling and customs procedures.
Food Imports in the U.S.
Driven by consumer demand for variety, year-round availability of fresh produce, and specialized ingredients, the U.S. imports billions of dollars worth of food annually. During the fiscal year ending in September 2023, agricultural imports amounted to approximately USD $195.4 billion, and this is forecast to increase to about USD $201 billion in 2024.
This robust import market signifies the crucial role international trade plays in fulfilling American food needs and desires. It also highlights the growing economic opportunities available to global food producers and exporters.
Food Import Regulations To Know
The U.S. food import system operates under a complex regulatory structure, with several government agencies playing key roles. Strict compliance is not just recommended—it’s mandatory. Violations can lead to costly delays, product seizures, and even legal action. Understanding the roles of each agency is essential:
- Food and Drug Administration (FDA): The FDA is the primary regulatory body for most imported foods, ensuring safety, proper labeling, and requiring facility registration.
- U.S. Department of Agriculture (USDA): The USDA oversees the import of agricultural products, including meat, poultry, and certain fruits and vegetables, focusing on preventing the introduction of pests and diseases.
- U.S. Customs and Border Protection (CBP): CBP enforces customs laws, inspects shipments, and ensures proper documentation and tariff payments.
A key piece of legislation impacting food imports into the U.S. is the FDA Food Safety Modernization Act (FSMA). FSMA represents a major shift towards preventative food safety measures and places significant responsibilities on importers. Staying informed and adhering to these regulations is crucial for successful and compliant food importation.
How To Import Food Into the USA
Knowing how to import food products into the USA involves a multi-step process, from initial product classification and regulatory research to final customs clearance. Careful planning, meticulous documentation, and adherence to all applicable regulations are essential for a smooth and successful import experience. This section provides a high-level overview of the key steps involved.
1. Ensure Food Product is Allowed
Before importing any food product into the United States, confirm its admissibility. FDA guidelines provide detailed information on allowed and prohibited items.
Certain categories, like raw milk products or foods containing unapproved additives, are often restricted or completely banned, while different food products have distinct import requirements. For example, some may require specific certifications or pre-approval, while others may be subject to quotas.
2. Facility Registration with FDA
The FDA mandates that all facilities involved in the manufacturing, processing, packing, or storing of food intended for U.S. import must be registered.
This requirement applies to both domestic and foreign facilities. Registration is typically completed online through the FDA Unified Registration and Listing Systems (FURLS), accessible via the FDA website. Foreign facilities are also required to designate a U.S. agent responsible for communication with the FDA.
3. Submit FDA Prior Notice
A critical step in the import process is submitting a Prior Notice (PN) to the FDA before each shipment of food arrives at a U.S. port. This notification provides the FDA with essential details about the shipment, including the product, its origin, the importer, and the intended port of entry.
FDA-PN requirements include specific data points like the product’s common name, its quantity and packaging type, the manufacturer and shipper information, and the estimated arrival time. Accurate and timely PN submission is mandatory; failure to comply can lead to significant delays, costly penalties, and even shipment refusal.
For global exporters seeking to simplify and automate FDA PN filing processes, CrimsonLogic offers software solutions designed to streamline submissions. These solutions can help minimize manual data entry, ensure regulatory compliance, and accelerate the overall import process.
4. Ensure Labelling Compliance
Imported food products must comply with FDA labeling requirements. Labels must be in English and clearly display essential information, including the product’s common name, a complete ingredient list in descending order of predominance, nutritional information (if applicable), the name and address of the manufacturer or distributor, allergen information, and the country of origin.
5. Verification for Foreign Suppliers
Importers are required to verify that their foreign suppliers meet U.S. food safety standards under the Foreign Supplier Verification Program (FSVP). This program ensures that imports meet the same safety standards as domestically produced food in the U.S., holding importers accountable for the safety of their supply chain.
6. Customs Clearance & Duties for Food & Food Products
Once your food shipment arrives, it must clear the U.S. Customs and Border Protection (CBP). This process involves submitting required documentation, including a commercial invoice, packing list, and the FDA Prior Notice confirmation. CBP uses this information to assess duties and ensure compliance with import regulations.
Be prepared for potential inspections to verify product safety and labeling accuracy. Determining the applicable duties is crucial for accurate costing and requires classifying your product under the Harmonized Tariff Schedule (HTS).
The HTS shipping codes dictate the tariff rates and any applicable quotas for your specific food product. Accurate classification is essential for avoiding delays and unexpected charges.
How To Import Fruits & Vegetables to the USA
Importing fruits and vegetables presents unique challenges due to seasonality, perishability, and the risk of introducing agricultural pests.
Specific regulations apply to different varieties, often with restrictions and quarantine requirements in place, making it crucial to understand how to navigate these complexities when it comes to food and fruit imports to the USA.
1. Verify Eligibility of Fruit & Vegetable for Import
Before we cover how to import fruits or vegetables, it’s crucial to verify their admissibility into the USA. The USDA’s Fruits and Vegetables Import Requirements (FAVIR) database is the primary resource for determining import eligibility.
FAVIR details specific restrictions, required phytosanitary certificates, and potential quarantine requirements for various fruits and vegetables based on their origin. Thoroughly consulting FAVIR is essential to avoid shipment delays or rejection due to pest risks or non-compliance.
2. Apply for APHIS Import Permit & Phytosanitary Certificate
APHIS Import Permit
Depending on the specific fruit or vegetable and its origin, an import permit from the USDA’s Animal and Plant Health Inspection Service (APHIS) may be required. APHIS permits regulate the import of plants and plant products to prevent the introduction of agricultural pests and diseases. Information on obtaining an APHIS permit can be found on the APHIS website.
Phytosanitary Certificate
A phytosanitary certificate from the exporting country’s plant protection authority is often required. This certificate verifies that the produce is free from pests and diseases and meets the importing country’s phytosanitary requirements. It’s a crucial document for ensuring smooth customs clearance.
3. Treatment Requirements
Certain fruits and vegetables require specific treatments before import into the USA. These treatments, such as irradiation, cold treatment, or fumigation, are designed to eliminate pests or diseases that could pose a risk to U.S. agriculture.
For instance, some imported mangoes or citrus fruits might require cold treatment to eliminate fruit flies. Importers must provide evidence that the required treatment has been performed on the food products and meets USDA standards.
4. Facility Registration (For Processed Fruit & Veg)
Facilities involved in processing fruits and vegetables intended for U.S. import must register with the FDA. This applies to both domestic and foreign facilities. Foreign facilities must also designate a U.S. agent. Registration is completed through the FDA Unified Registration and Listing Systems (FURLS).
5. Prior Notice Submission
Just like other food imports, fruits and vegetables require Prior Notice (PN) submission to the FDA before they arrive in the U.S. This electronic notification, submitted through the FDA’s Prior Notice System, provides crucial details about the shipment, including the specific type of fruit or vegetable, its origin, the importer information, the intended port of entry, and estimated arrival time.
6. Customs Clearance & Duties
Customs Clearance
Clearing customs requires submitting specific documentation to CBP, including:
- Phytosanitary Certificate (if required)
- Commercial Invoice
- Packing List
- Bill of Lading
Be prepared for potential inspections by USDA and CBP. Using packaging that minimizes contamination and facilitates inspection is recommended.
Duties & Fees
Determining applicable duties for fruits and vegetables involves using the Harmonized Tariff Schedule (HTS). Agricultural imports may also be subject to additional fees. Accurate HTS classification is crucial for proper duty assessment.
Importing Food To USA For Resale
Importing food for resale in the USA carries specific responsibilities. Importers must understand their liability for the safety and labeling of the products they bring into the country. Retail labeling requirements are more stringent, demanding clear and accurate information for consumers, including nutritional facts panels where applicable.
Traceability is also critical; importers must be able to trace their products back to the source in case of recalls or outbreaks. Understanding these resale-specific requirements is essential for businesses aiming to distribute food products within the U.S. market.
Get Expert Help for a Smooth Food Importation Process
Importing food to the United States, especially perishable items like fresh produce, demands both precision and speed. From accurately classifying your product to submitting a timely Prior Notice to the FDA, each step requires meticulous attention to detail.
With over 30 years of expertise as a trade solutions provider, we’ve leveraged our knowledge of the food import sector to develop customs compliance software that streamlines the process. Our solutions automate data entry and submission, which translates to maximized sales, improved customer satisfaction, and a stronger bottom line.
Contact us today to find out how you can break into the U.S. food import market with CrimsonLogic’s software solutions.
