Skip to main content
          Skip to FDA Search
          Skip to in this section menu
          Skip to footer links


U.S. flagAn official website of the United States government

					Here’s how you know
          			Dot gov**The .gov means it’s official.**Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
							      SSL**The site is secure.** The **https://** ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 
			U.S. Food and Drug Administration
				
        Search
            Menu
							
						Search FDA
									
									Submit search 
		Featured
							Contact FDA
	                FDA Guidance Documents
	                Recalls, Market Withdrawals and Safety Alerts
	                Press Announcements
	                Warning Letters
	                Advisory Committees
	                En Español

					Products
            Food
							Drugs
							Medical Devices
							Radiation-Emitting Products
							Vaccines, Blood, and Biologics
							Animal and Veterinary
							Cosmetics
							Tobacco ProductsTopics
            About FDA
							Combination Products
							Regulatory Information
							Safety
							Emergency Preparedness
							International Programs
							News and Events
							Training and Continuing Education
							Inspections and Compliance
							Science and ResearchInformation For
            Consumers
	            Patients
	            Industry
	            Health Professionals
	            Federal, State and Local Officials 
 In this section:

                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
          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 Home
          Food
          Guidance & Regulation (Food and Dietary Supplements)
          Food Imports & Exports
          Importing Food Products into the United States
          Prior Notice Policy for Sending Gifts to Your Friends and FamilyImporting Food Products into the United States Prior Notice Policy for Sending Gifts to Your Friends and Family
  
  	
    Share
    Post
    Linkedin

    Email
    PrintFinal Rule: Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (published on November 7, 2008, effective May 6, 2009)

Final Rule: Information Required in Prior Notice of Imported Food (published May 30, 2013)

**U.S. Food and Drug Administration (FDA) policy for submission of prior notice for food imported for non-commercial purposes with a non-commercial shipper:** FDA and Customs and Border Protection (CBP) typically consider not taking any regulatory action when there is a prior notice violation (e.g., no prior notice) and the food is imported for non-commercial purposes with a non-commercial shipper. Generally, a non-commercial purpose is one where the food is purchased or otherwise acquired by an individual for non-business purposes, and a non-commercial shipper is one where the shipper is an individual (e.g., the individual delivers the food to a post office or common carrier for delivery to self, family member, or friend for non-business purposes, i.e., not for sale, resale, barter, business use, or commercial use.)

Note: The shipper and the carrier are different entities. The carrier is the entity that transports the food into the U.S., and the carrier is likely to be a commercial entity even when the shipper is an individual.

Examples of shipments that may be covered by this non-commercial category are:

Food purchased by a traveler and mailed or shipped to the traveler's U.S. address by the traveler, not the commercial establishment; and
	Gifts purchased at a commercial establishment and shipped by the purchaser, not the commercial establishment.The food for non-commercial purposes may arrive by international mail or any other mode of transportation, but must be shipped by one individual to another individual (self, family member, or friend) to be considered for non-commercial purposes.

While a "person" sometimes can be an individual, partnership, corporation, or association, (see 21 U.S.C. 321(e)), by "individual" we mean a sole human being, not a partnership, corporation, or association.

**Examples:**

An individual purchases food at Store A and sends that food to another individual by mail: the individual is the shipper and the carrier is the mail service. If the individual uses an express courier, the result is the same: the individual is the shipper and the express courier is the carrier. In this example, FDA and CBP generally would consider not taking any regulatory action if prior notice is not submitted.
	An individual purchases food at Store A and Store A ships the food. Therefore, Store A is the shipper. Since Store A is not an individual, this food shipment is not covered by the policy described above because the food was not imported or offered for import with a non-commercial shipper. In this example, FDA and CBP generally would take regulatory action if no prior notice is submitted. The action FDA and CBP staff typically should consider taking is education/communication for minor or inadvertent prior notice violations.*For additional information see Compliance Policy Guide: Guidance for FDA and CBP Staff.*

                                                                                  Content current as of:
      11/24/2017
              
              
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
 
 Footer Links
    FDA Archive
          About FDA
          Accessibility
      Visitor Information
          Website Policies / Privacy
          No FEAR Act
          Vulnerability Disclosure Policy
      FOIA
          HHS.gov
          USA.gov
    Contact FDA
      Follow FDA on Facebook
      Follow FDA on X
      Follow FDA on Instagram
      Follow FDA on LinkedIn
      View FDA videos on YouTube
      Subscribe to FDA RSS feeds
    FDA Homepage
    Contact Number
      1-888-INFO-FDA (1-888-463-6332) Back toTop