How to Import Food Products to the U.S. For Resale

The United States is home to a massive variety of imported food from all over the world. Americans’ appetite for unique flavors drives the demand but, there are some important details you need to be aware of.  

Key Takeaways

• In 2023, the United States imported over $178 billion worth of food and exported approximately $151 billion, leading to a trade imbalance of about $27 billion.
• Several U.S. government agencies set regulations for imported foods, including the FDA, USDA, and the EPA.
• In order for a distributor to offer food products for sale in the USA, their facility must first be registered with the FDA.
• Most imported foodstuffs do not require the importer to have a license or permit, but there are exceptions for certain products, such as those sourced from dairy cows.

To get a complete understanding of how to import food products to the U.S. for resale, we’ve put together the comprehensive guide below.

Importing Food into the United States for Resale

When food is brought into the U.S. from another country, it’s generally for one of two purposes:

• Personal use
• Resale/commercial use

While some of the information in this article will be helpful for personal imports, we’ll be focusing on rules, regulations, and processes as they apply to commercial use and resale.

Who Regulates Imported Food in the US?

There are several regulatory agencies in the U.S. who oversee imported foods. These agencies are:

• The U.S. Food and Drug Administration (FDA): Responsible for regulating most types of food sold in the U.S. except meat, poultry, and certain egg products. 
• The United States Department of Agriculture (USDA): This department regulates beef, chicken, and egg products not covered by the FDA.
• Animal and Plant Health Inspection Service (APHIS): The specific arm of the FDA concerned with the aforementioned animal byproducts. 
• Centers for Disease Control (CDC): Monitors outbreaks of communicable diseases throughout the world and limits/prohibits imported foods accordingly.
• United States Fish and Wildlife Service (FWS): If you plan to import certain types of seafood, you may need a permit from this service.
• Customs and Border Protection (CBP): This agency is charged with enforcing customs compliance for shipments at borders and points of entry in the United States.  

The rules concerning who can import food into the country and in what quantities vary based on the principal agency in charge of regulating any given foodstuff. One regulation that is almost 100% consistent, however, is registering your food production facility with the FDA. 

FDA Facility Registration

Nearly all foreign manufacturers, suppliers, and distributors of food intended for import to the U.S. must register their facility with the FDA. This requirement stems from regulations outlined in the FDA’s Foreign Supplier Verification Program (FSVP). 

This program requires importers to maintain and provide records showing that foreign food suppliers are abiding by all FDA requirements. Viewing these records allows the FDA to identify whether the proper procedures for handling, processing, and storage of food are being followed.

To expedite the food import process, it’s recommended to include the facility registration information at the time of import along with all other required documents. 

Want to learn more about clearing FDA regulated products? Check out our article on FDA customs clearance. 

What Documents Are Required to Import Food Into the US?

Like any other process defined by government involvement, there’s no shortage of paperwork you’ll need to submit when importing food. Some of the most important documents are:

• Bill of Lading (BoL): Created by the shipper, the BoL serves as a receipt and sales contract between vendor and receiver. CBP checks information on other documents against this bill to ensure accuracy. 
• Commercial Invoice: This provides as much detail as possible regarding the sale, including country of origin, date of sale, HTS code(s), and more. 
• Packing List: While somewhat similar to a commercial invoice, this list is more concise and focuses on specifics about the shipment itself. It includes the number of packages, dimensions and weight, and a description of the goods. 
• Prior Notice: This notice of arrival must be filed with the FDA prior to the shipment’s arrival in the United States. 
• Entry Summary: As the name suggests, this is a summary of information found on all the other documents. It’s to be filed with CBP via form 7501.

In addition to these documents, you will most likely need to purchase a customs bond to complete the transaction.

For an exhaustive description of all the paperwork involved in international commerce, check out our article  “What Documents Do I Need To Import and Exports?”.

Do You Need a Customs Bond?

If you’re importing food for resale, you will need a customs bond regardless of the shipment’s value. More specifically, you will most likely use a continuous customs bond if you plan to import food in large amounts on a regular basis. 

Related: How to Get a Customs Bond: A Guide for New Importers

United States Food Labeling Requirements

Some of the most important regulations in regard to importing food have to do with how and what kind of information is contained on the Nutrition Facts label. Prepared foods must be labeled for resale (raw produce does not). 

While the full list of food labeling requirements is exhaustive, we’ll cover the main information they must contain below. 

• Recommended serving size
• Calories per serving
• Percentage daily values of fats, cholesterol, sodium, carbohydrates, sugars, and vitamins
• Servings per container

Other label requirements have less to do with nutrition and more to do with ensuring transparency for consumers. These include:

• Country of origin 
• English translations of foreign text 
• Name and address of distributing company 
• Brand logos (as approved by copyright laws) 

In rare cases, some packaged food is exempt from labeling requirements. For instance, small businesses (defined by the FDA as retailers with annual gross sales of < $500,000) are not beholden to these regulations.

Before ordering pre-packaged food from a foreign supplier, be sure to verify their labels comply with FDA requirements. 

If your food is regulated by a different partner government agency (PGA), there may be further regulations you’ll need to follow, which we’ll explore in the following sections.  

Some food products, like organic food, require very specific labels. For more information on this topic, check out our article on importing organic food to the U.S.

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Importing Dairy Products into the U.S.

If you’re looking to bring dairy products into the U.S., you’re going to have some additional hoops to jump through. These products are regulated by the USDA in addition to the FDA. 

This situation is further complicated by the varying requirements depending on what type of dairy products you’re importing to the U.S. Certain dairy products require a special import permit from the FDA, while others don’t. 

The products listed below require an import permit under the Federal Import Milk Act (FIMA). 

• Cream
• Half and half
• Ultra-filtered, concentrated, and flavored milk
• Heavy cream

This act does not cover evaporated milk, sour cream, dry milk, cheese, yogurt, and ice cream. 

Lastly, depending on the type of dairy product and country of origin, you may need to obtain an official APHIS veterinary permit. This requirement is in place to ensure that products with a higher likelihood of having a foodborne illness are closely examined before import.

Related: Importing Dairy Products into the US: Surviving the Regulations

Importing Fruits and Vegetables

APHIS also maintains an approved commodity database, which contains comprehensive information on all fruits and vegetables that have already been approved for import.  The information is organized by type of fruit or vegetable and country, letting you quickly know if what you’re looking to import is allowed. 

Generally, you’ll need to obtain an APHIS import permit by completing PPQ Form 587 in order to import fruits and vegetables. This form can be completed online and approval can be received in as little as one day. 

For even more information on this topic, check out our article on importing fruits and vegetables into the U.S.

Importing Meat and Poultry into the U.S.

The USDA’s Food Safety and Inspection Service (FSIS) works to ensure that all imported meat, poultry, and applicable egg products are safe and properly labeled. The service also performs occasional inspections on imported foods under their oversight for quality assurance purposes. 

This means you can source meat and poultry imports from around the world, but you may be limited to certain types depending on the country. For instance, in addition to conventional beef and poultry, Canada can export raw and processed meat from the following animals into the states.

• Turkey
• Rhea
• Ostrich
• Emu
• Squab
• Duck

On the other hand, Chile can export raw beef, chicken, turkey, and pork to the U.S., but not more exotic meats. Part of this is due to the special trade relationship the USA shares with Canada and Mexico via the United States Mexico Canada Agreement (USMCA). 

The FSIS keeps a comprehensive list of approved vendors organized by country on their website. 

Use this checklist to ensure  the following conditions are met when importing meat and poultry into the U.S.:

• Imported products are from eligible and certified countries.
• Check to ensure meat and poultry aren’t under a CDC import ban due to increased risks of disease.
• Your supplier has an approved, FDA-equivalent process to make sure products are the same quality you’d find in the U.S.
• Imported products are labeled properly

For even more information on this topic, check out our article on importing meat into the U.S.

Importing Seafood to the USA

The United States imports a vast amount of seafood from all over the world each year, including: 

• Haddock
• Grouper
• Whiting fish
• Squid
• Flounder

Seafood regulations are split among a few difference agencies (including the FDA), but importers will want to be especially mindful of the National Oceanic and Atmospheric Administration (NOAA). Via its Highly Migratory Species (HMS) International Trade Program, this administration requires importers of the following seafood to apply for a permit prior to trading in the U.S.

• Atlantic and Pacific Bigeye and Bluefin tuna
• Swordfish
• Sharks

A third agency that oversees certain seafood imports is the FWS. Importers may need to complete USFWS Form 3-177 when importing seafood. Fish and Wildlife regulates the import of squid, octopi, abalone, and many reef-dwelling organisms. 

Want to learn more? Check out our guide on how to import seafood to the U.S.

Benefits of Joining the VQIP

If you’re planning on a long-time career importing food, consider participating in the Voluntary Qualified Importer Program (VQIP). Managed by the FDA, this program provides some valuable benefits to participating importers, including: 

• Faster & easier entries 
• Limited number of CBP exams 
• Access to an FDA help desk

Of course, access to these benefits isn’t for just any importer. 

In order to qualify for the VQIP, importers must meet certain criteria, including:

• A three-year history of importing food to the U.S.
• Current FDA facility registration for all of your foreign suppliers 
• No CBP penalties, sanctions, or forfeitures within the past three years
• Have an active DUNS number
• No imported foods on a current import alert or class 1 recall list
• An implemented and documented  VQIP Quality Assurance program

User fees for VQIP membership are due before October 1 for each fiscal year in which you’re part of the program. 

What Foods are Imported Into the United States Most Frequently?

Most foodstuffs are categorized in chapters 2 through 22 of the Harmonized Schedule, which is used by countries across the world to simplify identification of commodities. In 2023, the USA imported over $178 billion of food and beverages, with the following goods accounting for the majority of that figure. 

In many cases, facilities in the U.S. are capable of growing and producing these foods themselves, but demand outweighs the native supply enough to necessitate importing. This is true of edible meats, dairy products, and unprocessed cereals. However, some popular foods simply don’t grow well in the United States, despite the country’s wide variety of environments and biomes.

The following foods are in consistent demand year over year and are difficult to impossible to grow in sufficient quantities on U.S. soil. I’ve also included their most common countries of origin for reference. 

• Coffee: Colombia, Brazil, and Switzerland
• Cocoa Beans: Côte d'Ivoire, Ecuador, Ghana
• Avocados: Mexico, Peru, The Dominican Republic
• Olive Oil: Italy, Spain, Tunisia
• Truffles: The Netherlands, Poland, Italy
• Honey: India, Argentina, Brazil
• Cane or Beet Sugar in Solid Form: Mexico, Brazil, Guatemala
• Sunflower Oil: Ukraine, Mexico, Turkey
• Vanilla: Madagascar, Uganda, Indonesia
• Grapes:Peru, Mexico, Chile
• Tea: Japan, Argentina, India
• Saffron: Spain, Afghanistan, India
• Certain Types of Rice: Thailand, India, Pakistan
• Sugary Confections (Not Containing Cocoa): Mexico, Canada, Germany

There are also several cheeses that the U.S. imports from other countries, such as Italian Parmesan and French brie. Your food’s country of origin will play a part in calculating duties on your shipment.

Related: Importing Food From Italy: A Ripe Opportunity

How to Calculate Duties on Imported Food

Duty rates vary from one foodstuff to another, so there is no flat rate you can expect to pay in duties per shipment. However, we can choose one foodstuff to focus on for the purpose of illustrating how duties would be calculated.

Flavored, organic green tea is classified under the Harmonized Tariff Schedule (HTS) code 0902.10.1050. The duty rate for this code is 6.4% of the shipment’s value.

Let’s say you ordered $5,000 worth of goods classified under this HTS code. The calculation of duties would look like this:

This calculation is taken from a general rate of duty. There are also special rates of duty for countries with whom the United States shares a trade agreement. For instance, if the tea in question was to be imported from Mexico, no duties would apply thanks to the previously mentioned USMCA. 

On the other hand, negative trade relations can lead to increased duties and tariffs. Sourcing our green tea from China would lead to an additional 25% in taxes due to Section 301 tariffs. 

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Importing Food Products to the U.S. With USA Customs Clearance

From seafood to olive oil and everything in between, the food importing process is fraught with rules and regulations that can even trip up experienced business owners. If you’re looking for assistance with this complex task, you’ve come to the right place. 

At USA Customs Clearance, our licensed customs brokers have extensive knowledge and experience in importing food from all over the world. We can ensure that your shipment is compliant, and all documents are processed quickly and accurately.

Our full list of customs services includes:

• One-on-one consulting sessions
• Expert customs brokerage
• Importer of record registration
• And more

Hungry to get started? Give us a call at (855) 912-0406 or submit a contact form online today!