Worldwide Customs & Regulatory Updates


Prior Notice of Imported Food Shipments (Final Rule)

Effective May 6, 2009, the Food and Drug Administration (FDA) implemented the final rule regarding Prior Notice of food imports into the U.S. Shipments imported into the U.S. containing food for human or animal consumption without adequate Prior Notice may incur fines or penalties, and may be refused entry into the U.S.  

Prior Notice (PN) must be submitted to the FDA no less than a specified period of time before arrival, depending on the mode of transportation, as follows:

  • 2 hours before arrival by land or road
  • 4 hours before arrival by air, land or rail
  • 8 hours before arrival by water
  • For international mail, PN must be submitted before mailing

PN is not required for some foods, and in certain situations:

  • Food that is hand carried for personal use
  • Homemade foods sent to an individual in the U.S. for personal use
  • Meat, poultry, and eggs solely regulated by the U.S. Dept. of Agriculture
  • Articles of food shipped as baggage or cargo as a diplomatic bag under the Vienna Convention on Diplomatic Relations
  • Store-bought food imported or offered for import for non-commercial purposes should typically not be subject to FDA and CBP regulatory action when there is no Prior Notice.


FedEx policy requires the PN to be submitted to the FDA prior to the shipment being tendered to FedEx. A copy of the PN Confirmation Record must also accompany the shipment. The PN is commonly submitted via the FDA Prior Notice System Interface (PNSI) and FDA policy allows for the submission of the express carrier tracking number in lieu of the otherwise required “anticipated arrival information”.

More information on Prior Notice can be found in the FDA Fact Sheet cited below. Importers are encouraged to review the requirements closely with all shippers and suppliers, to ensure that PN is submitted accurately and within the correct time frame to prevent shipment delays or refusals.

Additional information: