FDA Prior Notice for Food Imports

Under the Bioterrorism Act of 2002 and the Food Safety Modernization Act (FSMA), every food article imported into the United States must have a Prior Notice filed with the FDA before arrival. Without it, your food shipment will be refused admission and held at the port.

Filing Deadlines

• Ocean freight: No later than 8 hours before arrival at port
• Air freight: No later than 4 hours before arrival
• Truck/rail: No later than 2 hours before arrival at the border
• International mail: Before the article is sent from the foreign country

Required Information

Prior Notice requires detailed information including: the FDA product code, common name, estimated quantity, manufacturer/shipper, grower (if known), country of origin, country from which shipped, anticipated arrival information, and the entry type. All food facility registrations must also be current.

What Happens Without Prior Notice?

FDA will issue an "article is being held" notice, and the food cannot be distributed until a Prior Notice is filed and accepted. For perishable goods, this delay can be catastrophic—resulting in spoilage and total loss of the shipment.

FSVP: Your Ongoing Obligation

Beyond Prior Notice, the Foreign Supplier Verification Program (FSVP) requires importers to verify that their foreign suppliers produce food that meets US safety standards. This is an ongoing compliance obligation—not just a one-time filing. Your customs broker can help you understand your FSVP requirements.