What Is Prior Notice? FDA Rules for Advance Notification of Food Shipments
What Is Prior Notice?
Prior Notice is the advance notification submitted to the FDA for food that is imported into the US or offered for import. The rule covers all human and animal food, including gifts, samples, transit shipments and food entering a foreign trade zone (21 CFR 1.277).
Exemptions include food carried by a traveler for personal use and products that fall exclusively under USDA oversight, such as meat, poultry and egg products (21 CFR 1.277).
When Must It Be Filed?
The notice must be submitted no later than the following times before the food arrives at the port of arrival (21 CFR 1.279):
- By road: 2 hours before arrival
- By rail or air: 4 hours before arrival
- By sea: 8 hours before arrival
- International mail: before the food is sent
Depending on the system used, the notice may be submitted up to 30 days (ABI/ACE) or 15 days (PNSI) in advance.
What Happens Without Prior Notice?
Food with no notice, an inaccurate notice or a late notice may be refused entry and is held at the port unless it is exported under CBP supervision (21 CFR 1.283).
How We Help
We file the notice for every shipment and send the confirmation number to you and your importer. Details are on our Prior Notice service page.
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