Importing Food Products into the US: FDA Prior Notice Basics

Prior Notice is advance notification to the FDA about a food shipment entering the United States, submitted before the shipment arrives. It's part of the FDA's food safety oversight framework and applies broadly across food import categories, spices and agricultural products included. The filing requires specific shipment, product, and party information submitted within defined timing windows relative to arrival.

The Foreign Supplier Verification Program (FSVP), introduced under the FDA Food Safety Modernization Act, is a distinct obligation from Prior Notice, and the two are commonly confused. FSVP requires the US importer — not the overseas supplier — to develop, maintain, and follow a program verifying that imported food has been produced in a manner meeting applicable US safety standards, based on risk-based supplier evaluation.

Critically, filing Prior Notice for a shipment does not indicate FSVP compliance, and having FSVP records in place does not substitute for filing Prior Notice — they're checked independently, and a business can be compliant on one and not the other. If you're importing into the US as the US-based party, ask your customs broker or compliance advisor specifically about your FSVP obligations, separate from whatever Prior Notice process is in place for each shipment.

Prior Notice filing has specific procedural requirements, timing windows, and data fields that are easy to get wrong if attempted without direct experience — and the FDA's own guidance is the authoritative, current source rather than any third-party summary, including this one. In practice, this filing is typically handled by a licensed US customs broker as part of standard import clearance, and that's the right resource to confirm current requirements rather than relying on a general guide.

An experienced export supplier can provide accurate product, quantity, and shipment information promptly enough for your broker to file on time, and standard export documentation supporting the shipment. Confirm with your supplier what lead time they need to provide this information ahead of a shipment's expected arrival.

If you're importing into the US for the first time, engage a licensed customs broker early — before your first shipment, not once it's already in transit — and treat Prior Notice as one of several US-specific requirements they'll manage on your behalf.