How do I get a food import license in the USA?
Do you want to import food into the United States? To do this process, you need to obtain a food import license from the competent authorities. In this article, GOL will provide detailed instructions on each step so that you can complete the food import licensing procedure quickly and accurately.
What is an import/export license?
An import/export license is a government document that allows you to trade specific goods across U.S. borders. Not all goods require a license, so it’s important to check with the relevant agency before shipping to confirm.
The issuing agency depends on the type of goods you’re dealing with, and the export license typically has a limited validity period, usually around 4 years if issued by the Bureau of Industry and Security.
The potential for exporting food products to the United States
Exporting food products to the United States can unlock vast opportunities for international producers, thanks to America’s diverse and expansive consumer market. The U.S. is characterized by a melting pot of cultures, leading to a wide array of dietary preferences and an openness to international cuisines. This diversity not only fuels a demand for traditional and staple foods but also for specialty and organic products, catering to a broad spectrum of health-conscious and gourmet consumers.
However, navigating the complex regulatory landscape, including stringent FDA and USDA standards for food safety, labeling, and packaging, poses a significant challenge. Moreover, the highly competitive nature of the U.S. market and the logistical demands of distribution across such a large geographic area require strategic planning and effective marketing to ensure product differentiation and brand recognition.
To successfully enter the U.S. market, exporters must conduct comprehensive market research to understand consumer preferences and identify niche opportunities. Establishing partnerships with local distributors, leveraging online platforms, and participating in U.S. food trade shows can provide valuable exposure and insights into market trends. Familiarizing oneself with the regulatory requirements and developing a logistics strategy that ensures efficient distribution are also critical steps.
By addressing these challenges head-on and capitalizing on the opportunities presented by the U.S.’s diverse consumer base, food product exporters can achieve significant growth and establish a lasting presence in one of the world’s largest food and beverage markets.
General regulations for Importing Food into the U.S.
Conduct Product Research
Before diving into the U.S. market, it’s crucial to research how your product fits within FDA regulations. Understand specific restrictions, permissible ingredients, and safety standards applicable to your food product to ensure compliance.
Submit Prior Notice to the FDA
Ensuring smooth entry of your goods into the U.S. begins with a crucial step: submitting a Prior Notice to the FDA or CBP before your goods reach American shores. This electronic filing is essential as it enables the FDA and CBP to prioritize inspections based on arrival schedules. While the notice should ideally be filed at least 2 hours before arrival, submitting it a few days in advance (up to 15 days) is advisable for smoother processing.
When submitting the notice, ensure it contains:
- Country of production.
- Detailed arrival information, including date, time, and location.
- Comprehensive details about the shipper, carrier, and mode of transportation.
- FDA Product Code specific to your food item.
If your goods are arriving via ocean freight, don’t forget to file an Importer Security Filing (ISF) with the US Customs and Border Protection (CBP).
Failure to submit the Prior Notice or providing inaccurate information can have severe repercussions. In such cases, your goods may face refusal of entry, leading to temporary port holds until necessary information is provided to the CBP or FDA. In more serious scenarios, your goods could be permanently seized or destroyed, and you may incur hefty fines or future import bans. Therefore, treat this step with utmost seriousness and ensure compliance to avoid potential setbacks.
Read more: FDA Import Holds and Detentions
Register Foreign Facilities with the FDA
It’s crucial that any overseas facility engaged in the production or distribution of your food item is duly registered with the FDA. This encompasses not only suppliers but also manufacturers and distributors. Compliance with this requirement is mandated by the FDA’s Foreign Supplier Verification Program (FSVP).
In essence, the FSVP program necessitates importers to maintain comprehensive records demonstrating that their foreign suppliers are adhering to FDA regulations.
To streamline the customs process, our experts strongly recommend including the facility registration information and all relevant supporting documents at the time of import. This proactive approach will expedite customs clearance and minimize potential delays.
Ensure Accurate Food Labeling
When packaging ready-to-consume food products, it’s imperative to ensure they bear an FDA-compliant label. Here’s what your label should encompass:
- Country of origin disclosure.
- English translations for any foreign text.
- Accurate identification of the U.S.-based distributor or importer. If the entity differs from the manufacturer, inclusion of “manufactured for…” or “distributed by…” is necessary.
It’s crucial to note that certain food items may entail additional labeling requisites. Therefore, always cross-reference the FDA’s Food Labeling Guidelines to ensure comprehensive compliance.
These stipulations represent only a fraction of the obligations pertinent to all food imports entering the US. It’s paramount to thoroughly ascertain all relevant requirements for your products, as non-compliance could lead to entry refusal or future market withdrawals.
Read more: What are the consequences of food mislabeling products?
Understand Incoterms
Cryptic 3-letter codes (like EXW, DDP) are actually International Commercial Terms that define who (buyer or seller) is responsible for what during an import transaction. For example, DDP means the seller handles nearly all costs and paperwork, while EXW puts most of that burden on the buyer. A clear understanding of Incoterms prevents surprises and costly delays during import.
Prepare necessary documentation
To ensure a smooth import process, having all the necessary paperwork in order is critical. Here’s a breakdown of the key documents you’ll need:
- Bill of Lading (BOL): This document acts as a contract, a tracking tool, and a receipt for your shipment, all provided by the shipper.
- Commercial Invoice: This detailed document specifies the country of origin, shipment date, value of goods, Harmonized System (HS) code, and more. It essentially serves as a financial breakdown of your shipment.
- Packing List: This list meticulously details the quantity and dimensions of every item in your shipment. Importantly, it must also include invoice numbers for each product, matching those on the commercial invoice.
- Customs Bond (Optional, but Highly Recommended): While not always mandatory, a customs bond acts as a financial guarantee to the CBP (Customs and Border Protection) that all duties and fees will be paid. There are two options: a single-entry bond for one-time imports or an annual bond covering multiple shipments for a year.
- Entry Summary (CBP Form 7501): This comprehensive CBP form consolidates most information from the previous documents. It’s crucial for the CBP to verify the accuracy of your import by cross-referencing data. This complex form can be submitted on your behalf by a customs broker or import consultant.
By having all these documents prepared and accurate, you’ll significantly reduce the risk of delays or complications during the US import process.
Consider Working with an Expert (Optional but Recommended)
While navigating US food import regulations can be done independently, partnering with a qualified customs broker or import consultant offers a wealth of benefits that can significantly increase your chances of success. Here’s why considering an expert is strongly recommended:
- Compliance Confidence: US food import regulations are intricate and subject to change. An experienced import consultant stays up-to-date on the latest regulations and can ensure your documentation and procedures meet all FDA and CBP requirements. This minimizes the risk of delays, rejections, or even fines for non-compliance.
- Streamlined Process: Importing food involves a complex web of paperwork, inspections, and logistics. A customs broker can handle these complexities for you, freeing you to focus on your core business. They can manage tasks like:
- Classification of your food product under the Harmonized System (HS) code.
- Preparation and submission of all necessary FDA and CBP documentation.
- Coordination with shipping lines and customs authorities to ensure smooth processing.
- Cost-Saving Strategies: Experienced import consultants can often identify opportunities to optimize your import process, potentially saving you money in the long run. They can help you choose the most cost-effective Incoterms and navigate duty calculations. Additionally, avoiding costly mistakes due to non-compliance can save you significant financial headaches.
- Peace of Mind: Importing food can be a stressful experience, especially for first-timers. An import consultant acts as your trusted advisor throughout the process, providing ongoing support and communication. They can anticipate potential challenges and proactively develop solutions, giving you peace of mind knowing your import journey is in capable hands.
By partnering with an experienced import expert, you gain access to valuable knowledge, streamlined processes, and the confidence of knowing your food products are being imported compliantly and efficiently. This allows you to focus on what you do best – bringing your delicious food offerings to the US market!
GOL is proud to offer a comprehensive FDA registration service that takes the burden off of this complex process. Our team of experienced professionals will:
- Assist you in determining the specific FDA registration requirements for your product.
- Prepare and submit a complete and accurate FDA registration application.
- Track the registration process and communicate with the FDA on your behalf.
- Provide ongoing consulting and support throughout the registration process.
With GOL’s FDA registration service, you can rest assured that your product will be registered quickly and efficiently, helping you to get your product to market in the United States as soon as possible.
Contact GOL today for a free consultation about our FDA registration services!
Proactive Compliance: Stay Informed About Evolving Regulations
The US enforces strict food safety standards that can change over time. To ensure your imports always comply, actively monitor the FDA website for updates to their guidelines and any amendments to import policies.
Steps to Apply for a Food Import License in the U.S.
Step 1: Determine whether your goods require an import license:
- Not all goods require an import license. This depends on several factors, including:
- The specific item (product or technology)
- The country of export
- The sender and receiver information
- The U.S. port of entry
- The intended use of the imported item
- The regulations of the relevant Partner Government Agencies (PGAs)
Step 2: Identify the agency responsible for issuing the license:
- After reviewing the CBP guidelines, determine the type/category of imported goods you are dealing with. Then, identify the Partner Government Agency that manages that category.
Step 3: Apply for the license at the agency:
- The import license application process varies depending on the agency involved. Apply online through the relevant PGA’s website.
Important Note: Some agencies may have additional import license regulations, such as quotas, port of entry restrictions, and labeling or processing requirements. Be sure to research these for your specific situation.
Documents required for US import/export licenses
For obtaining an import-export license in the USA, several essential documents are required:
- Employer Identification Number (EIN): Obtained from the IRS.
- Dun & Bradstreet Number (D-U-N-S): A unique 9-digit identification number assigned to businesses by Dun and Bradstreet (D&B), recognized by government agencies as a standard identifier for a specific business entity.
Read more: What is UFI? Why is UFI necessary when registering with the FDA?
- Incorporation or business registration documents: Proof of legal registration and operation of your business in the USA.
- Product information: Including Harmonized Tariff Schedule (HTS) codes and country of origin for the products intended for import/export.
- End-use statement: A statement outlining the intended use of the imported or exported goods.
- Broker’s license: If utilizing a customs broker, they must possess a valid customs broker license.
- Power of attorney: If authorizing someone else to act on your behalf during the licensing process.
Additionally, other shipping documents such as the bill of lading, commercial invoice, inspection certificate, CBP entry form, and relevant certificates from Partner Government Agencies (PGAs) may be required.
Note: Depending on the type of goods and destination country regulations, additional documentation may be necessary. It’s advisable to consult with the relevant authorities to ensure you have all the required documents before initiating the process.