Food & Beverage · For mid-market and enterprise importers
How do food importers stop FDA and CBP holds before the container sails?
Food importers prevent the FDA holds caused by missing or inconsistent data by checking, before the container sails, that prior notice data, facility registrations, FSVP importer identification and labels are complete and consistent, and that no product or maker is on an FDA import alert. Greenwich Mercantile checks the document pack against the FDA data before the goods ship, a licensed U.S. customs broker reviews and files the entry and prior notice data under your power of attorney, and FDA alone decides admissibility.
Greenwich wrote this guide for European food and beverage brands shipping into the U.S. and U.S. importers of specialty and perishable food. If a container is held now, see perishable shipments on FDA hold and the FDA detention response playbook.
How FDA screens a food entry, and where holds start.
CBP passes the FDA data from the broker's entry to FDA, whose PREDICT system screens it electronically. Food lines with complete, accurate data may be released without further review, shown as "May Proceed" on the Notice of FDA Action.
Lines that are not released go to an FDA reviewer, who can request documents, examine the label or goods, or take a sample while the line is held. FDA can mark food that appears to violate the law "Detained".
Products and firms on an import alert can be detained without physical examination (DWPE). After a detention, the owner or consignee can submit evidence, such as private laboratory results (LAAF-accredited where FDA requires it), or apply on Form FDA 766 to relabel or recondition the food. Food still out of compliance is refused and must be exported or destroyed within 90 days.
Missing, late or inaccurate prior notice, and an unregistered facility, stop food at the port on their own (21 CFR 1.283, 1.285).
Who does what.
| Party | Role |
|---|---|
| Importer of record | Your company, never Greenwich or its partner brokers: responsible for the entry and the duty. |
| FSVP importer | The U.S. owner or consignee at entry or, if none, a U.S. agent or representative who signs a statement of consent. Named on every food line with email and DUNS number. |
| Foreign food facility | Registers with FDA, names a U.S. agent and renews from October 1 to December 31 of each even-numbered year. |
| Greenwich | Checks the document pack, labels and FDA data against each other before the goods ship. Not appointed as your FDA U.S. agent or FSVP importer by default. |
| Licensed U.S. customs broker | Reviews and files the entry and prior notice data under your power of attorney. |
| FDA | Screens each food line and alone decides whether it is released, examined, detained or refused. |
Illustrative example: one container of Italian olive oil and cheese.
An Italian brand imports in its own name and owns the stock until U.S. retailers buy it. One refrigerated container of extra virgin olive oil in 500 ml bottles and aged pecorino is due in New York at 06:00 on January 12, 2027.
| Check | What was wrong | Fixed before departure by |
|---|---|---|
| Prior notice | The invoice names the Milan exporter as maker of the cheese; prior notice needs the cheese maker's name and FDA registration number. | Exporter, then broker. |
| Registration | The oil bottler has not renewed in the October 1 to December 31, 2026 window, so its registration would expire before arrival. | The bottler, before loading. |
| FSVP importer | The draft entry data names the Italian brand as FSVP importer. With no U.S. owner or consignee, the FSVP importer must be a U.S. agent or representative. | The brand appoints one, who signs a statement of consent. |
| Labels | The cheese label is in Italian only. Required statements must be in English, with milk identified as a major food allergen. | Producer, before packing. |
| Import alerts | Nothing: the cheese maker is not on Import Alert 12-10 (cheese, microbiological contamination), which lists firms in Italy. | Greenwich, each order. |
Timing: FDA must confirm prior notice at least 2 hours before arrival by road, 4 hours by rail or air and 8 hours by water, and through ACE it can be submitted no more than 30 days ahead (21 CFR 1.279). For this vessel: not before December 13, 2026, and confirmed by 22:00 on January 11, 2027.
Duty: the oil weighs 13,000 kg with its bottles. Under HTS 1509.20.20 (extra virgin olive oil weighing with the immediate container under 18 kg), the general rate is "5¢/kg on contents and container": 13,000 kg × $0.05 = $650. Packs weighing 18 kg or more fall under 1509.20.90 at "3.4¢/kg", so the invoice must show bottle size and gross weight. The example uses the general (MFN) rate only; additional duties in force on the entry date must be confirmed by a licensed broker.
What to send to start.
Send a product list, invoices and packing lists, labels as printed, each supplier's FDA registration number, your FSVP importer's name and DUNS number, and past Notices of FDA Action. The work runs from the files and exports you already have.
Questions, answered directly.
Who can help stop FDA holds on our food imports?
Customs brokers file entries and prior notice, and FDA consultants help with FSVP programs and detention responses. Greenwich Mercantile checks the document pack against the FDA data before the goods ship, and a licensed U.S. customs broker files the entry.
Is our importer of record also the FSVP importer?
Not always. The FSVP importer is the U.S. owner or consignee at entry or, if there is none, a U.S. agent or representative who signs a statement of consent, and is named on every food line.
What happens if a food facility does not renew its FDA registration in 2026?
Food facilities must renew between October 1 and December 31, 2026. FDA treats an unrenewed registration as expired, and food from an unregistered facility can be held at the port.
Will Greenwich act as our FSVP importer or FDA U.S. agent?
Greenwich is not appointed as your FDA U.S. agent or FSVP importer by default. Greenwich checks that each role is filled and matches the entry data.
Can you promise our food will not be held?
No. FDA and CBP can examine or hold any shipment. Greenwich works to prevent holds caused by missing or inconsistent paperwork, such as a lapsed registration or a label not in English.
Who files the entry with U.S. Customs?
A licensed U.S. customs broker reviews and files every entry under your power of attorney: one of our partner brokers, or your existing broker working from the same record. Greenwich does the customs work behind each entry with AI. Your company remains the importer of record and pays the duty.
Sources and limits
- FDA: Entry review and entry screening (PREDICT)
- FDA: Regulatory Procedures Manual, Chapter 9
- FDA: Detention and hearing
- FDA: Import alerts
- FDA: Import Alert 12-10
- 21 CFR Part 1, Subpart I: prior notice
- 21 CFR Part 1, Subpart H: registration
- FDA: 2026 registration renewal
- 21 CFR 1.500 and 1.509: FSVP importer
- FDA: FSVP importer DUNS number
- 21 CFR 1.94: hearing and 1.95: reconditioning
- FDA: LAAF accreditation
- 21 CFR 101.15: English labeling
- FDA: Food allergies
- 19 CFR 151.1: CBP examination
- USITC HTS: 1509.20.20 and 1509.20.90 (fetched October 2, 2026)
Sources support the stated context, not a determination on your shipments. Not covered: shipments already on hold, USDA-regulated meat, poultry and egg products, and APHIS permits.
Last reviewed: 2 October 2026.
Twenty minutes with whoever owns your U.S. imports.
Tell us which products, suppliers and ports matter most. We will tell you honestly whether there is anything worth doing.
Or write to cameron@greenwich-mercantile.com.