Definition
FDA prior notice is a mandatory electronic notification submitted to the U.S. Food and Drug Administration before any food product intended for human or animal consumption arrives at a U.S. port. Required under the Bioterrorism Act of 2002, prior notice must be filed and confirmed by FDA before the shipment arrives. Without it, FDA will detain or refuse the shipment.
Why It Matters for Importers
Prior notice is non-negotiable for food imports. If the filing is late, incomplete, or inaccurate, FDA will place your shipment on hold at the port. For perishable goods, this can mean thousands of dollars in spoilage. For shelf-stable products, it means days of unnecessary delays and port storage charges.
Your customs broker should file prior notice as part of the standard clearance process for food imports. However, not all brokers have experience with FDA requirements, and errors in prior notice filings are a common cause of food import delays.
Key Details
- Timing: Must be submitted and confirmed before the food article arrives at the U.S. port. For ocean shipments, at least 8 hours before arrival; for air, at least 4 hours.
- Required information: Product description, FDA product code, manufacturer/shipper name and address, country of origin, anticipated arrival port and date.
- Confirmation number: FDA issues a prior notice confirmation number that must be provided to CBP at the time of entry.
- Applies broadly: Covers all food for human and animal consumption, dietary supplements, food contact materials, and pet food.
Prior notice is just one part of FDA food import compliance. Learn about our food import services.
← Back to Glossary