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                Importing Food Products into the United States

Importing Food Products into the United States

                        Prior Notice of Imported Foods
          Filing Prior Notice of Imported Foods
          Voluntary Qualified Importer Program (VQIP)
          Voluntary Qualified Importer Program (VQIP): Public List of Approved VQIP Importers
          Accredited Third-Party Certification Program
          Accredited Third-Party Certification Program: Public Registry of Accredited Third-Party Certification Bodies
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          Accredited Third-Party Certification Program: Voluntary Audit Templates
          Foreign Suppliers Verification Programs (FSVP) - List of Participants
          Foreign Suppliers Verification Programs (FSVP) - Importer Portal for Records Submission
          FDA Strategy for the Safety of Imported Food Home
          Food
          Guidance & Regulation (Food and Dietary Supplements)
          Food Imports & Exports
          Importing Food Products into the United States
          Importing Gift Packs and Prior NoticeImporting Food Products into the United States Importing Gift Packs and Prior Notice
  
  	
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    PrintFinal Rule: Information Required in Prior Notice of Imported Food
(published May 30, 2013)

April 2022

What is the U.S. Food and Drug Administration policy for submission of prior notice for gift packs?

Although the Prior Notice Final Rule (FR) requires the submission of information about the identity of the food and identity of the manufacturer for each article of food (for example, a gift pack consisting of 4 articles of food would require 4 prior notice submissions), FDA's Compliance Policy Guide states:

FDA and Customs and Border Protection (CBP) staff should typically consider not taking regulatory action if there is a prior notice violation because a single prior notice is submitted for a gift pack and the identity of the facility that packed the gift pack is submitted in lieu of the identity of the manufacturer(s) and/or grower(s) for each article of food within the gift pack, provided that the gift pack is purchased or otherwise acquired by an individual and imported or offered for import for non-business purposes.

What are some examples of "gift packs"?

Examples of gift packs are:

A gift basket containing fresh fruit and/or vegetables
	A gift box containing crackers and cheeses and canned condensed soups
	A gift basket of crackers, cheeses, and fresh fruit
	A wicker basket with champagne, port, scotch whisky, smoked salmon, cheese, tea, coffee, chutney, pistachio nuts, biscuits, marmalade, honey, butter biscuits, crackers, cake, mustard, olive oil, and olives
	Tote bag with infant clothing, bib, booties, and coffee and candy for the parents
	A toy dispenser with hard candy and powdered candy
	A gift bag with multiple pet food items such as rawhide chews and dog biscuits, with or without non-food itemsWhat is a "single prior notice"?

A single prior notice means that the identity of the article of food as required by the Prior Notice FR is described by submitting a single FDA product code and describing the article as a gift pack containing various items.

For example:

FDA Product Code 37Y--01
	A gift box containing crackers and cheeses and canned condensed soupsor

FDA Product Code 72E--99
	A gift bag for dogs with rawhide chews and dog biscuits, with toys*What are non-business purposes?*

Food is considered to be for non-business purposes when it is not for sale, resale, barter, business use, or commercial use. For example, a gift pack purchased or otherwise acquired by an individual as a gift is covered by this policy. Gift packs imported or offered for import for business use are not covered by this policy, and therefore the identity of each article of food and the manufacturer of each article, if applicable, is required.

What other criteria is important?

This policy applies irrespective of where the individual who purchased or otherwise acquired the gift pack lives and irrespective of the type of carrier. The policy also applies irrespective of whether it involves a commercial or non-commercial shipper.

For more information, see Compliance Policy Guide for Prior Notice of Imported Foods.

                                                                                  Content current as of:
      04/21/2022
              
              
Regulated Product(s)
		 Food & BeveragesTopic(s)
			  ImportImporting Food Products into the United States

          
                        Prior Notice of Imported Foods
          Filing Prior Notice of Imported Foods
          Voluntary Qualified Importer Program (VQIP)
          Voluntary Qualified Importer Program (VQIP): Public List of Approved VQIP Importers
          Accredited Third-Party Certification Program
          Accredited Third-Party Certification Program: Public Registry of Accredited Third-Party Certification Bodies
          Accredited Third-Party Certification Program: Public Registry of Recognized Accreditation Bodies
          Accredited Third-Party Certification Program: Voluntary Audit Templates
          Foreign Suppliers Verification Programs (FSVP) - List of Participants
          Foreign Suppliers Verification Programs (FSVP) - Importer Portal for Records Submission
          FDA Strategy for the Safety of Imported Food
 
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