HTFN
ABOUT HTFN SERVICES RESOURCES CONTACT MEMBERS
 

FDA Prior Notice
Back to Press Room

The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 requires that the Food and Drug Administration (FDA) receive prior notice of food imported into the United States, beginning December 12, 2003. Food for human and animal consumption is subject to the requirement. Details can be found on the FDA Web Site at: www.access.fda.gov

The prior notice must be received AND confirmed by the FDA within the following time limits:

  • By Ocean - no fewer than 8 hours before arrival and no more than 5 days before arrival
  • By Air or By Land By Rail - no fewer than 4 hours before arrival and no more than 5 days before arrival by land and by road - no fewer than 2 hours before arrival and no more than 5 days before arrival

The port of arrival is defined by the FDA as "the port where the article of food first arrives in the United States".

The prior notice can be filed in one of 3 ways:

  1. Via the Customs ABI system
  2. Via the FDA Web Site
  3. Manually via fax or email

The prior notice will comprise 13 pieces of information, including the name of the shipper, importer, and transmitter, the name and the FDA product code of the food item, the country of export and origin, the customs entry number, the identification of the carrier and mode of transportation, and the anticipated arrival information.Food that is imported without proper prior notice is subject to refusal and holding at the port and the importer of the food is subject to enforcement action by the FDA.

We recommend that you designate an individual to submit the prior notices on your behalf and notify them immediately. A customs broker would be glad to serve as a filer of your FDA prior notices. In order to meet the deadlines for filing the prior notices, they must have all documents and information for the product in hand 8 hours before the time limits established by the FDA. For example, for an ocean shipment arriving into the first U.S. port, they would need to have the documents and information in their hands at the latest 16 hours before arrival so that the data can be verified, input, transmitted to the FDA, a confirmation received from the FDA, and the appropriate parties be notified. The customs broker will charge $25.00 per entry to file the prior notice.