Fresh produce is one of the most heavily regulated import categories in the United States. Unlike manufactured goods that face primarily customs and tariff requirements, fruits and vegetables must satisfy overlapping requirements from three separate federal agencies, each with its own filing deadlines, documentation standards, and inspection protocols.
USDA/APHIS controls what produce can enter the country and from where. FDA governs food safety, labeling, and supplier verification. CBP processes the customs entry and collects duties. A failure at any one of these agencies can result in your shipment being held, fumigated, re-exported, or destroyed — and for perishable produce, even a 48-hour delay can mean total loss.
This guide covers the complete regulatory framework for importing fresh fruits and vegetables into the United States, the step-by-step process from pre-shipment verification through port release, and the most common problems that cause shipments to fail.
Who Regulates Produce Imports
Three federal agencies share jurisdiction over fresh produce imports. Each operates independently, with its own filing requirements, inspection procedures, and enforcement mechanisms. Understanding which agency controls what — and when each gets involved — is essential to moving produce through the border without delays.
USDA/APHIS: Plant Pests and Diseases
The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) is the gatekeeper for all plant material entering the United States. APHIS exists to prevent the introduction of foreign plant pests and diseases that could devastate American agriculture. Every fruit and vegetable shipment is subject to APHIS jurisdiction.
APHIS determines which commodities from which countries are admissible into the United States. Not all fruits and vegetables from all countries are allowed entry. A mango from Mexico may be admissible with specific treatment requirements, while the same variety of mango from a different country may be prohibited entirely. APHIS also determines which ports of entry can receive specific commodities, based on the availability of inspection facilities and pest interception capabilities.
APHIS inspectors physically examine produce shipments at the port of entry, looking for evidence of quarantine pests such as fruit flies, seed weevils, plant diseases, and prohibited soil or plant material. If a quarantine pest is found, the consequences range from mandatory fumigation to shipment destruction.
FDA: Food Safety and Labeling
The Food and Drug Administration regulates fruits and vegetables as food products under the Federal Food, Drug, and Cosmetic Act and the Food Safety Modernization Act (FSMA). FDA's jurisdiction covers food safety, adulteration, labeling, and importer verification requirements.
Every imported food shipment, including fresh produce, requires a prior notice filing with FDA before the goods arrive at the U.S. port. The importer must also comply with the Foreign Supplier Verification Program (FSVP), which requires documented verification that foreign suppliers meet U.S. food safety standards. Additionally, the Produce Safety Rule under FSMA establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of produce.
FDA may sample incoming produce shipments for pesticide residues, microbial contamination (Salmonella, E. coli, Listeria), and other adulterants. Products found in violation can be detained, refused admission, or placed on an import alert, which subjects all future shipments from the same source to automatic detention.
CBP: Customs Entry and Duties
U.S. Customs and Border Protection processes the customs entry for every produce shipment. The importer of record must file an entry with CBP, declare the HTS classification and value of the goods, and pay any applicable duties and fees. CBP also enforces agricultural holds, coordinating with APHIS for physical inspection of plant material.
While CBP does not independently regulate food safety or phytosanitary compliance, it is the agency that ultimately releases or holds cargo at the port. CBP coordinates with both APHIS and FDA, and a hold from either agency will prevent CBP release of the shipment.
USDA/APHIS Requirements
APHIS requirements are the first and most critical hurdle for produce imports. If your commodity is not admissible from your country of origin, no amount of correct paperwork will get it into the United States. APHIS requirements must be verified before the produce is even harvested.
Admissibility: The FAVIR Database
APHIS maintains the Fruits and Vegetables Import Requirements (FAVIR) database, which is the authoritative source for determining whether a specific fruit or vegetable from a specific country can be imported into the United States. The database lists every admissible commodity-country combination along with any conditions of entry.
Admissibility is determined through pest risk analysis. APHIS scientists evaluate the pest and disease risks associated with each commodity from each country and determine whether those risks can be adequately mitigated through treatment, inspection, or other measures. Some commodities from some countries are simply not admissible because the pest risk cannot be mitigated.
The FAVIR database should be the first resource you check before sourcing produce from any foreign supplier. If the commodity-country combination is not listed as admissible, the shipment will be refused entry at the border regardless of any other documentation.
Phytosanitary Certificate
A phytosanitary certificate is a government-issued document from the exporting country's National Plant Protection Organization (NPPO). It certifies that the produce has been inspected and found free from quarantine pests and diseases, and that it meets the phytosanitary requirements of the importing country.
The phytosanitary certificate must accompany every shipment of fresh fruits and vegetables. It must accurately describe the commodity, quantity, origin, and any treatments applied (such as fumigation or cold treatment). APHIS inspectors at the U.S. port of entry will review the certificate and compare it to the physical shipment.
Common problems with phytosanitary certificates include mismatches between the certificate and the actual shipment (wrong commodity description, incorrect quantities), missing or incomplete treatment declarations, expired certificates, and certificates issued by unauthorized entities. Any of these errors can result in the shipment being held or refused entry.
APHIS Import Permits
Some commodities require a specific APHIS import permit in addition to the phytosanitary certificate. The permit is issued by APHIS directly to the importer and must be obtained before the goods are shipped. The FAVIR database indicates which commodity-country combinations require a permit.
Permits may include specific conditions such as approved ports of entry, treatment requirements, packaging specifications, and labeling requirements. Violating the conditions of the permit can result in permit revocation and shipment refusal.
Port of Entry Restrictions
Not all ports of entry can receive all types of produce. APHIS restricts the entry of certain commodities to ports that have the necessary inspection facilities, fumigation chambers, laboratory capabilities, and trained inspectors. For example, certain tropical fruits may only be admitted through ports with cold treatment verification facilities or hot water treatment facilities.
Shipping produce to a port that is not authorized to receive it will result in the shipment being refused. The cargo must then be either re-exported or transported (under bond and APHIS supervision) to an authorized port — adding significant cost and delay for perishable goods.
Pest Risk Assessments and Treatment Requirements
Many produce commodities are admissible only if they undergo specific phytosanitary treatments to eliminate pest risks. Common treatments include cold treatment (maintaining the produce at specific low temperatures for a defined period during transit), hot water immersion treatment (common for mangoes to eliminate fruit fly larvae), vapor heat treatment, irradiation, fumigation with methyl bromide, and systems approaches (combinations of pre-harvest and post-harvest measures).
Treatment requirements are commodity-specific and country-specific. They must be performed according to APHIS-approved protocols, and proof of treatment must be documented on the phytosanitary certificate. If treatment is required and not properly completed or documented, the shipment will be held at the port until treatment can be administered there — or refused entry.
FDA Requirements for Produce
FDA requirements apply to all imported food products, including fresh fruits and vegetables. These requirements focus on food safety, supplier verification, and labeling — separate from and in addition to the APHIS phytosanitary requirements.
Prior Notice Filing
FDA requires that a prior notice be submitted to the agency before any food shipment arrives at a U.S. port. For produce arriving by ocean vessel, prior notice must be filed no more than 15 days and no less than 8 hours before arrival. For air shipments, the window is no more than 15 days and no less than 4 hours before arrival. For truck shipments crossing a land border, prior notice must be filed no less than 2 hours before arrival.
The prior notice must include detailed information about the food, including the FDA product code, the common or market name, the quantity, the manufacturer/shipper, the grower (if known), the country of origin, the anticipated port of entry and date of arrival, and the importer of record. Incomplete or inaccurate prior notice filings are one of the most common causes of FDA detention on produce shipments.
FSVP Compliance
The Foreign Supplier Verification Program requires every U.S. importer of food to verify that their foreign suppliers produce food that meets U.S. safety standards. For produce importers, this means conducting hazard analyses for each type of produce imported, evaluating the supplier's food safety practices, performing verification activities (such as onsite audits, testing, or reviewing the supplier's food safety records), and maintaining detailed documentation of all FSVP activities.
FSVP compliance is not optional. FDA has conducted over 2,100 FSVP inspections since the program took effect, and approximately 64% of inspected companies have been found non-compliant. Penalties for non-compliance include warning letters, import alerts (detention without physical examination for all future shipments), and injunctions. For produce importers who source from multiple countries and suppliers, the FSVP documentation burden is substantial. A complete guide to FSVP requirements is available in our FSVP compliance guide.
Produce Safety Rule Under FSMA
The Produce Safety Rule establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables grown for human consumption. While the rule primarily applies to domestic farms, it also applies to foreign farms that export to the United States. As an importer, your FSVP must verify that your foreign suppliers comply with the Produce Safety Rule or an equivalent food safety standard.
The rule covers agricultural water quality, biological soil amendments (including composting requirements), worker training and hygiene, equipment and building sanitation, and domesticated and wild animal controls. Produce that is rarely consumed raw, produce that is produced for personal or on-farm consumption, and produce that receives commercial processing that adequately reduces relevant pathogens are exempt from the rule.
Labeling Requirements
Fresh produce labeling requirements vary depending on the commodity and how it is packaged. At a minimum, the label must include the common or usual name of the fruit or vegetable, the country of origin, the name and address of the manufacturer, packer, or distributor, and the net quantity of contents. For pre-packaged produce, additional requirements may include nutrition facts labeling and allergen declarations (though most fresh produce is exempt from nutrition labeling).
Country of origin labeling is particularly important for fresh produce and is enforced by both CBP and USDA. Produce must be marked with the country of origin at the point of sale to the ultimate consumer. Failure to properly mark country of origin can result in marking duties and penalties.
FDA Import Alerts on Produce
FDA maintains import alerts that flag specific products, suppliers, countries, or regions for automatic detention. Produce is frequently subject to import alerts for pesticide residue violations, microbial contamination (particularly Salmonella and Cyclospora on fresh herbs and leafy greens), filth and decomposition, and unapproved color additives or wax coatings.
When a product is on an import alert, it is automatically detained without physical examination (DWPE) upon arrival. The importer must then provide evidence that the specific shipment is not in violation before it can be released. For perishable produce, the time required to resolve an import alert detention can exceed the product's remaining shelf life, resulting in total loss.
Customs Entry and Duties
The customs entry process for fresh produce is similar to other imported goods, but with additional considerations for perishability, seasonal duty rates, and preferential trade agreements.
Duty Rates on Fresh Produce
Most fresh fruits and vegetables enter the United States at relatively low duty rates under HTS Chapters 7 (edible vegetables) and 8 (edible fruits and nuts). Many commodities enter duty-free, while others carry ad valorem rates ranging from 1% to 20% depending on the specific commodity. However, several important factors can affect the actual duty rate paid.
Seasonal duty rates apply to some produce commodities. Certain fruits and vegetables carry different duty rates depending on the time of year. For example, some fresh vegetables have higher duty rates during the domestic growing season (to protect U.S. growers) and lower or zero rates during the off-season. The HTS specifies the applicable dates for seasonal rates, and your customs broker must apply the correct rate based on the date of importation.
Tariff-rate quotas (TRQs) apply to some produce commodities. Under a TRQ, a limited quantity of the product can enter at a lower (in-quota) duty rate, while imports above the quota quantity are assessed a higher (over-quota) rate. Sugar, certain dairy products, and some produce items are subject to TRQs.
USMCA Preferential Rates
Produce imported from Mexico and Canada may qualify for preferential (often duty-free) treatment under the United States-Mexico-Canada Agreement (USMCA). Since Mexico is the largest source of fresh produce imports to the United States, USMCA preferences are particularly relevant for produce importers. To claim USMCA preferential treatment, the importer must have a valid certification of origin demonstrating that the produce was wholly obtained or produced in Mexico or Canada.
For fresh produce that is grown entirely in Mexico or Canada, meeting the USMCA rules of origin is straightforward — the product is "wholly obtained" in the territory of a USMCA party. However, for processed or mixed produce products, the rules of origin analysis can be more complex.
Merchandise Processing Fee and Harbor Maintenance Fee
In addition to duties, all formal customs entries are subject to the Merchandise Processing Fee (MPF) of 0.3464% of the customs value, with a minimum of $31.67 and a maximum of $614.35 per entry. Ocean shipments are also subject to the Harbor Maintenance Fee (HMF) of 0.125% of the customs value. These fees apply regardless of whether the produce itself is duty-free.
The Import Process Step by Step
Importing fresh produce involves a sequence of steps that must be completed in the correct order and within specific timeframes. Here is the complete process from pre-shipment through release.
Step 1: Verify APHIS Admissibility
Before sourcing produce from any foreign supplier, check the APHIS FAVIR database to confirm that the specific commodity from the specific country is admissible into the United States. Verify any treatment requirements, port of entry restrictions, and permit requirements. This step should be completed before any purchase agreement is signed.
Step 2: Obtain Import Permit (if Required)
If the FAVIR database indicates that an APHIS import permit is required for your commodity-country combination, apply for the permit through the APHIS ePermits system. Allow adequate processing time — permits can take several weeks to issue. The permit will specify authorized ports of entry and any conditions of importation.
Step 3: Obtain Phytosanitary Certificate
Your foreign supplier must arrange for the produce to be inspected by the exporting country's NPPO and obtain a phytosanitary certificate. The certificate must accurately describe the shipment and document any required treatments. This certificate must accompany the shipment.
Step 4: File FDA Prior Notice
File prior notice with FDA within the required timeframe before the shipment arrives at the U.S. port. The filing must include the FDA product code, commodity description, manufacturer, shipper, grower, country of origin, and anticipated arrival information. Your customs broker should handle this filing to ensure accuracy and timeliness.
Step 5: File Customs Entry with CBP
Your customs broker files the entry with CBP, declaring the HTS classification, customs value, country of origin, and any applicable preferential trade program claims (such as USMCA). The entry must be filed within 15 days of the date of arrival, though for perishable produce, your broker should file as early as possible to avoid delays.
Step 6: APHIS Inspection at Port of Entry
APHIS inspectors examine the phytosanitary certificate and physically inspect the produce shipment at the port of entry. Inspectors look for quarantine pests, diseases, prohibited soil, and compliance with any treatment requirements. If the shipment passes inspection, APHIS releases its hold.
Step 7: FDA Review and Potential Sampling
FDA reviews the prior notice filing and may elect to sample the shipment for pesticide residues, microbial contamination, or other adulterants. If the shipment is not selected for examination and the prior notice filing is in order, FDA releases its hold. If sampling is required, the shipment is held until results are available — typically 24 to 72 hours for laboratory analysis.
Step 8: Release
Once APHIS, FDA, and CBP have all cleared the shipment, CBP issues a release. The produce can then be picked up from the port terminal and transported to the importer's facility or distribution center. For perishable produce, coordinating pickup immediately upon release is critical to maintaining the cold chain.
Common Problems That Cause Shipment Failures
Produce imports fail at the border for predictable and largely preventable reasons. Understanding these common failure points is the first step to avoiding them.
Cold Chain Failures
Perishable produce must be maintained at specific temperatures throughout the supply chain. When a shipment is held for inspection, fumigation, or documentation issues, the cold chain can be disrupted. A container sitting on a port terminal in summer heat for 48 hours while paperwork issues are resolved can result in complete spoilage. The financial impact is devastating: the importer loses the full value of the goods, pays disposal costs, and may lose the sale entirely. Preventing holds through accurate documentation and compliance is the single most effective way to protect the cold chain.
Phytosanitary Certificate Errors
Errors on the phytosanitary certificate are one of the most common causes of shipment delays and rejections. Common errors include commodity descriptions that do not match the actual shipment, treatment declarations that are missing or incomplete, certificate numbers that do not correspond to the shipment, expired certificates, and certificates issued for the wrong destination country. Because the phytosanitary certificate is issued by a foreign government, correcting errors typically requires the supplier to obtain a new certificate — a process that can take days or weeks while the produce sits at the port and deteriorates.
Pest Interception
When APHIS inspectors find a quarantine pest during inspection, the shipment cannot be released until the pest risk is mitigated. Depending on the pest species and commodity, the options are fumigation (typically methyl bromide, which adds cost and can affect produce quality), re-exportation (shipping the produce back to the country of origin or to a third country, at the importer's expense), or destruction (if fumigation is not feasible and re-exportation is not practical). Pest interceptions also trigger increased inspection rates for future shipments from the same origin, making subsequent imports slower and more costly.
Pesticide Residue Violations
FDA routinely samples imported produce for pesticide residues. If residues exceed U.S. tolerances (set by the EPA), the shipment is refused and the supplier may be placed on an import alert. Import alerts result in automatic detention without physical examination (DWPE) for all future shipments from the same shipper, manufacturer, or country/commodity combination. Getting off an import alert requires submitting evidence (typically independent lab test results) proving that subsequent shipments are in compliance — an expensive and time-consuming process.
Wrong Port of Entry
Some produce commodities can only enter the United States through specific ports that have the necessary APHIS inspection and treatment facilities. Shipping produce to a non-authorized port will result in the cargo being refused. The shipment must then be transported to an authorized port under APHIS supervision and bond — or re-exported. For perishable goods, this type of error is often fatal to the shipment because the additional transit time causes the produce to deteriorate below marketable quality.
Prior Notice Filing Failures
An incomplete, inaccurate, or late prior notice filing with FDA will result in the shipment being held at the port. Common prior notice errors include incorrect FDA product codes, missing or inaccurate manufacturer/shipper information, filing outside the required timeframe, and failure to update prior notice when shipment details change. Each hour of delay for a perishable shipment reduces the remaining shelf life and increases storage costs.
Top Produce Imports by Country
The United States imports fresh fruits and vegetables from dozens of countries, but a handful of trading partners account for the majority of volume and value. Each country has specific APHIS admissibility rules, treatment requirements, and common compliance issues.
| Country | Top Commodities | Key Requirements |
|---|---|---|
| Mexico | Tomatoes, avocados, berries (strawberries, raspberries, blackberries, blueberries), peppers, cucumbers, squash, mangoes, limes | USMCA preferential rates available. Some commodities require treatment. Avocados subject to specific regional restrictions. High volume means generally fast inspection processing. |
| Chile | Table grapes, blueberries, cherries, plums, nectarines, avocados | Counter-seasonal supply (Southern Hemisphere). Cold treatment required for some stone fruits. Phytosanitary certificate from SAG (Servicio Agricola y Ganadero). |
| Guatemala | Bananas, melons, snow peas, sugar snap peas | CAFTA-DR preferential duty rates available. Phytosanitary certificate from MAGA. Some commodities subject to specific port of entry restrictions. |
| Costa Rica | Pineapples, bananas, melons, cassava | CAFTA-DR preferential duty rates available. Pineapples generally low-risk for pest issues. Phytosanitary certificate from SFE. |
| Peru | Asparagus, table grapes, blueberries, mangoes, avocados | U.S.-Peru TPA preferential rates available. Counter-seasonal supply for some commodities. Asparagus has strong track record for compliance. Mangoes require hot water treatment. |
| Canada | Greenhouse tomatoes, peppers, cucumbers, mushrooms, potatoes | USMCA preferential rates. Generally streamlined inspection process. Some commodities limited to specific growing regions for pest control purposes. |
| Ecuador | Bananas, plantains, mangoes, passion fruit | Phytosanitary certificate from Agrocalidad. Some commodities require treatment. Bananas are high-volume and generally low compliance risk. |
| Honduras | Bananas, melons, oriental vegetables | CAFTA-DR preferential duty rates. Phytosanitary certificate from SENASA. Fruit fly host commodities subject to additional scrutiny. |
Note: Admissibility and treatment requirements change as APHIS updates its pest risk assessments. Always verify current requirements in the FAVIR database before shipping.
How Greenwich Mercantile Helps
Importing fresh produce requires coordination across three federal agencies with different filing deadlines, documentation standards, and enforcement mechanisms. A single error in any filing can result in a hold that costs thousands of dollars in spoilage, storage, and lost sales. Greenwich Mercantile handles the regulatory complexity so you can focus on your supply chain.
FDA prior notice filing. We file accurate prior notice for every produce shipment within the required timeframes. Incomplete or inaccurate prior notice is one of the most common — and most preventable — causes of FDA holds on perishable goods.
Customs entry and classification. We file your customs entry with CBP, classify your produce under the correct HTS codes, and apply any applicable preferential trade program rates (USMCA, CAFTA-DR, and others) to minimize your duty exposure.
FSVP compliance management. We help you build and maintain the supplier verification documentation that FDA requires. With 64% of FSVP inspections resulting in compliance failures, having your program in order before FDA arrives is critical.
Perishable hold response. When a produce shipment is held by FDA, APHIS, or CBP, every hour counts. We resolve holds directly with the relevant agency, working to get your shipment released before the product deteriorates. A typical perishable hold costs $15,000 to $50,000 in lost product and storage fees — fast resolution is not optional.
Import alert monitoring. We monitor FDA import alerts that affect your products, suppliers, and sourcing countries. When an alert is issued that could impact your next shipment, we notify you immediately and advise on next steps.
For a complete overview of our food and beverage import services, visit our industry page or book a consultation.
Frequently Asked Questions
Do I need a permit to import fruits and vegetables?
It depends on the commodity. Some fruits and vegetables require a specific USDA/APHIS import permit before they can enter the United States. Others are admissible without a permit but still require a phytosanitary certificate from the exporting country. The first step is checking the APHIS FAVIR database to determine whether your specific commodity from your specific country of origin is admissible, and if so, whether a permit is required. All produce imports also require FDA prior notice filing and a standard customs entry with CBP, regardless of permit status.
What is a phytosanitary certificate?
A phytosanitary certificate is an official government document issued by the plant protection organization (NPPO) of the exporting country. It certifies that the fruits or vegetables in the shipment have been inspected, are free from quarantine pests and diseases, and meet the phytosanitary import requirements of the United States. The certificate must accompany the shipment and be presented to USDA/APHIS inspectors at the port of entry. If the certificate is missing, contains errors, or does not match the shipment, the cargo can be refused entry or destroyed.
Which fruits can I import from Mexico?
Mexico is the largest source of fresh produce imports to the United States. Commonly imported fruits include avocados, tomatoes, strawberries, raspberries, blackberries, blueberries, mangoes, papayas, watermelons, limes, lemons, and grapes. However, admissibility depends on the specific commodity and sometimes the specific region within Mexico. Some products require treatment (such as hot water treatment for mangoes) before entry. Check the APHIS FAVIR database for current admissibility status of any fruit from Mexico.
How long does APHIS inspection take?
APHIS inspection times vary depending on the port of entry, the volume of arrivals, the commodity, and whether any issues are found. A routine inspection where no pests are detected can be completed in a few hours. However, if the shipment requires laboratory analysis, fumigation, or additional sampling, the process can take 24 to 72 hours or longer. For perishable produce, these delays can be devastating. Importers should factor inspection time into their logistics planning and work with a broker who can coordinate with APHIS to minimize hold times.
What happens if pests are found in my shipment?
If APHIS inspectors find a quarantine pest in your produce shipment, several outcomes are possible depending on the pest species and the commodity. The shipment may be required to undergo fumigation (typically methyl bromide treatment) at the importer's expense before it can be released. If fumigation is not feasible or the pest is of particular concern, the shipment may be refused entry entirely and must be re-exported or destroyed. In some cases, APHIS may allow the shipment to be diverted to a processing facility where the pest risk can be mitigated through cooking or other processing. The importer bears all costs associated with treatment, re-exportation, or destruction.
This guide reflects U.S. import regulations for fresh fruits and vegetables as of April 2026. APHIS admissibility determinations, FDA enforcement priorities, and duty rates are subject to change. Always verify current requirements before shipping. Consult with a licensed customs broker for shipment-specific guidance.