10 Things to Know Before Exporting Food and Beverages into the U.S.

claims fda registration fsvp labeling prior notice Jun 09, 2021

Are you aware of the requirements to import food and beverage products into the U.S.? The process can be quite complicated, especially for newcomers in the food business. From food safety requirements to labeling guidelines, the U.S. FDA closely monitors imported products to ensure full compliance with Federal regulations. If a product does not comply, the consequences can significantly impact your business including refusal of entry at the port or seizure of the products. Before you import into the United States it is important to review these 10 key things to protect your brand and business.

1. Importers are required to designate an FSVP Agent

An FSVP Agent acts as a liaison between your business and the FDA for the purpose of complying with the Foreign Supplier Verification Program. The FDA requires that an FSVP Agent is a “qualified individual”. The agent handles the scheduling of inspections, verifying a foreign supplier’s compliance with food safety requirements, and a variety of other essential tasks.

2. All labels must comply with FDA regulations

Mislabeled products, like those that are not in English, can face detention at U.S. ports, fines, and other disciplinary actions by the FDA. A food labeling specialist can review and markup your labels to ensure compliance with FDA regulations.

3. Facilities must be registered with the FDA

Even food facilities outside of the U.S. must be registered with the FDA. An FDA Agent can help you register your facility and issue a certificate confirming your FDA facility registration number.

4. Labeling claims need to be reviewed

The FDA considers a labeling claim to be any representation made about a product on the label, website, flyer or even social media. Whether your label claims it is “healthy”, “organic” or “a good source”, all claims are governed by FDA regulations. To ensure you don’t violate the law your claims should be reviewed by a claims specialist.

5. Importers must file a Prior Notice with the FDA

If a shipment arrives at U.S. ports without a timely filed Prior Notice with FDA, it may be refused admission. An FDA specialist can draft and file a Prior Notice with the FDA on your behalf.

6. Recall plans are often required

Most food businesses must draft and implement a plan that describes their recall procedures. These plans must be in effect prior to making your first shipment to the U.S. If you are unfamiliar with recall plans, it’s best to consult an expert to make sure the plan complies with the law.

7. You may need a food defense plan

The FDA requires most food facilities to create food defense plans. These plans reduce the risk of intentional contamination of food products. A food safety specialist can help you create a new food defense plan or update an existing one to ensure compliance with FDA regulations.

8. Your business will need a DUNS number

When registering a facility with the FDA, businesses are required to list their DUNS number. This 9-digit identifier is unique to your business. An FDA specialist can assist your business in filing an application for a DUNS number.

9. An EIN number is likely to be required

Most businesses need an employer identification number (EIN) from the IRS. Plus, foreign businesses need an EIN for the purpose of filing U.S. Customs paperwork and FDA registration.

10. Trademark your products and brand

Without a trademark, your products and brand are at the risk of another brand profiting off your customer goodwill. To protect your name, logo and slogan from the competition, it’s best to hire an expert to assist with filing an application for Federal trademark protection. Once your trademark is registered, you can also file with U.S. Customs to prevent others from importing unauthorized products using your trademark.

Let US Imports prep your brand for the importing process

At US Imports, we offer comprehensive services to help your business comply with food and beverage import regulations. From labeling reviews to recall plans, US Imports has your business covered with expertise at an affordable price. Browse our full list of compliance services today.