How to Import Food into USA

Importing food into USA require serious attentions. This writeup will guide especially the new importers on how to import food into USA. The Public Health Security and Bio Terrorism Preparedness and Response Act of 2002 (Bioterrorism Act of 2002 [BTA]) consist of provisions designed to protect the United States against bio-terrorist threats to the U.S. food supply, with major emphasis on food from foreign sources. Contact Us Feco Foods for your food import into USA.

The U.S. Food and Drug Administration (FDA) released regulations in response to the Bioterrorism Act of 2002 (BTA) outlining specific requirements on the importation of food and food products.

This regulation has two major requirements:

1. Registration of Facilities
2. Prior Notice of Importation of Food

Registration of Facilities

The FDA requires that domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States register with the FDA.

Prior Notice (PN) of Imported Food

The FDA requires that U.S. purchasers or U.S. importers or their agents submit to the FDA prior notice on the importation of food before the import of food into USA. This information will be used to review, evaluate and assess whether to inspect the imported food.

• Prior notice must be submitted no less than four hours before flight arrival, but may not be submitted more than five days prior to shipment arrival
• Prior notice is required at the first port of arrival in the U.S.

The details of the prior notice include:

• The common, usual name or market name
• The quantity described from the smallest package size to the largest container (including the type of packaging used to package the food item)
• The lot or code numbers or other identifiers
• Complete name and address of the manufacturer or supplier and their FDA registration number (if available)
• Country of origin
• Complete name and address of shipper and their FDA registration number (if available)
• Complete name and address of the importer, purchaser or ultimate Consignee and their FDA registration number (if available)
• Clear food or food product identification marked on the Express Worldwide pre alert air waybill description and invoice description

Logistics, Documentation and Distribution

Most of those importing food into USA work with an International Freight Forwarder (IFF) to assist them in the logistics of shipping their products internationally. 

All import documentation must be precise and up to date. Slight discrepancies or omissions may prevent U.S. merchandise from being exported, result in U.S. firms not getting paid, or even result in the seizure of the exporter’s goods by U.S. or foreign government Customs.

Much of the documentation is routine for freight forwarders or customs brokers acting on the firm’s behalf, but the exporter is ultimately responsible for accuracy of the documentation. 

1. Import License – Import licenses are the responsibility of the importer and needed to import food into USA. Including a copy with your export documentation will sometimes help avoid problems with customs in the destination country. 
2. Commercial Invoice – In a domestic transaction, the commercial invoice is a bill for the goods from the buyer to the seller. A commercial invoice should include basic information about the transaction, including a description of the goods, address of shipper and seller, delivery and payment terms, etc.  The importer needs the invoice to prove ownership and to arrange payment.  Some governments use the commercial invoice to assess customs duties.
3. Bill of Lading – Bills of lading are contracts between the owner of the goods and the carrier.  You should be aware there are two types commonly used.  “Straight” bills of lading are non-negotiable.  “Negotiable” or “shipper’s order” bills of lading may be bought, sold, or traded while goods are in transit and are used for letter of credit transactions.
    The importer usually needs the original or a copy as proof of ownership to take possession of the goods. Freight forwarders, as well as commercial stationers, carry copies of the Bill of Lading.
4. Consular Invoice – Certain nations require a “consular invoice,” which is used to control and identify goods. The invoice must be purchased from the consulate of the country to which the goods are being shipped and is typically required to be completed in the language of that country.
5. Certificate of Origin – USA require a signed statement as to the origin of the imported food item. This is usually provided by the exporter or shipper. This certificate may be required even though the commercial invoice contains the same information.
6. Inspection Certification – Some purchasers and countries may require a certificate to import food into USA, usually completed by a third party, attesting to the specifications of the goods shipped. This certification is often obtained from an independent testing organization.
7. Dock receipt, warehouse receipt – These receipts are used to transfer accountability when the export item is moved by the domestic carrier to the port of embarkation and submitted to the international carrier for export.
8. Insurance Certificate – If the importer wants insurance, the insurance certificate states the type and amount of coverage. This is a negotiable instrument, and may be provided by the shipping company.
9. Packing List – Considerably more detailed and informative than a standard domestic packing list, an import packing list itemizes the material in each individual package and indicates the type of package, box, crate, drum, carton, etc. It lists the individual net, legal, tare, and gross weights and measurements for each package in both imperial and metric systems. The imported food into USA, must be well detailed on the packing list.

Suggestions to The Importers for Faster Clearance of Imported Food into USA

1. Include all information required on your customs invoices.
2. Prepare your invoices carefully for imported food into USA. Type them clearly. Allow sufficient space between lines. Keep the data within each column.
3. Make sure that your invoices contain the information that would be shown on a well-prepared packing list.
4. Mark and number each package so it can be identified with the corresponding marks and numbers appearing on your invoice.
5. Show a detailed description on your invoice of each item of merchandise contained in each individual package. 
6. Mark your goods legibly and conspicuously with the country of origin unless they are specifically exempted from country-of-origin marking requirements, and with such other marking as is required by the marking laws of the United States.
7. Comply with the provisions of any special laws of the United States that may apply to your goods, such as laws relating to food, drugs, cosmetics, alcoholic beverages, radioactive materials, and others.
8. Observe the instructions closely with respect to invoicing, packaging, marking, labeling, etc., sent to you by your customer in the United States. He or she has probably made a careful check of the requirements that will have to be met when your merchandise arrives.
9. Work with CBP to develop packing standards for your commodities.
10. Establish sound security procedures at your facility and while transporting your goods for shipment. Do not give narcotics smugglers the opportunity to introduce narcotics into your shipment.
11. Consider shipping on a carrier participating in the Automated Manifest System (AMS).
12. If you use a licensed customs broker for your transaction, consider using a firm that participates in the Automated Broker Interface (ABI).

FDA restrictions by US Food & Drug Administration:

This is a very important keys to import food into USA. The scope of FDA’s regulatory authority is very broad. FDA’s responsibilities are closely related to those of several other government agencies. Often frustrating and confusing for consumers is determining the appropriate regulatory agency to contact. The following is a list of traditionally-recognized product categories that fall under FDA’s regulatory jurisdiction; however, this is not an exhaustive list.

Foods, including:

• dietary supplements
•  bottled water
•  food additives
•  infant formulas
•  other food products (although the U.S. Department of Agriculture plays a lead role in regulating aspects of some meat, poultry, and egg products)

Drugs, including:

• prescription drugs (both brand-name and generic)
• non-prescription (over-the-counter) drugs

Biologics, including:

• vaccines
• blood and blood products
• cellular and gene therapy products
• tissue and tissue products
• allergenics

Medical Devices, including:

• simple items like tongue depressors and bedpans
• complex technologies such as heart pacemakers
• dental devices
• surgical implants and prosthetics

Cosmetics, including:

• color additives found in makeup and other personal care products
• skin moisturizers and cleansers
• nail polish and perfume

Veterinary Products, including:

• livestock feeds
• pet foods
• veterinary drugs and devices

Tobacco Products, including:

• cigarettes
• cigarette tobacco
• roll-your-own tobacco
• smokeless tobacco

LIST OF CUSTOM BROKERS THAT CAN ASSIST TO IMPORT FOOD INTO USA