Legal Services for Food Distribution & International Trade
Food importers and exporters face complex compliance requirements from FDA, USDA, and CBP. OFW Law’s Washington DC attorneys represent food distributors in customs enforcement proceedings, import detentions, and regulatory compliance matters affecting international food trade operations.
Food importers and exporters face complex compliance requirements from FDA, USDA, and CBP. OFW Law’s Washington DC attorneys represent food distributors in customs enforcement proceedings, import detentions, and regulatory compliance matters affecting international food trade operations.
Food Import and Export Compliance Services
FDA Food Import Compliance
Navigate FDA import requirements including Prior Notice submissions, Foreign Supplier Verification Programs, and facility registration. We help importers respond to FDA detention notices, import alerts, and refusal of admission while maintaining supply chain continuity. Our attorneys coordinate with FDA’s Prior Notice Center and port officials to resolve compliance issues quickly. Learn about FDA compliance servicesUSDA Export Certificates and Approvals
Obtain USDA export certificates for meat, poultry, dairy, and agricultural products entering foreign markets. We guide exporters through FSIS export library requirements, sanitary certificates, and country-specific documentation. Our team works directly with USDA officials to expedite approvals and resolve export certification issues that delay shipments. Explore agriculture complianceCBP Enforcement Defense
Defend against CBP detention, seizure, and penalty actions affecting food shipments. We represent importers in customs enforcement proceedings involving tariff misclassification, valuation disputes, and country of origin issues. Our customs attorneys submit prior disclosures, negotiate penalty settlements, and litigate at the Court of International Trade when necessary. Contact customs defense teamInternational Trade Compliance Programs
Develop and audit trade compliance programs addressing import documentation, classification procedures, and recordkeeping requirements. We train compliance staff on CBP regulations, conduct internal audits to identify exposure, and implement corrective action plans. Our preventive approach reduces enforcement risk and positions companies for CBP compliance reviews. Schedule compliance consultationImport Detention Response
Respond to FDA and CBP detention notices affecting food shipments at U.S. ports of entry. We coordinate testing, prepare documentation demonstrating compliance, and negotiate conditional release arrangements. According to the Food and Drug Administration’s import guidelines, detained products cannot enter commerce until compliance is established. Get immediate detention assistanceTrade Policy and Regulatory Advocacy
Advocate for food industry interests in trade policy development, tariff negotiations, and regulatory rulemaking. Our government relations team engages with USTR, FDA, USDA, and CBP officials on import requirements, export market access, and trade facilitation initiatives affecting food distribution companies. Discuss policy advocacyFacing an FDA Import Detention or CBP Enforcement Action?
Why Food Importers Choose OFW Law
Washington DC Location Advantage
Our proximity to FDA headquarters, USDA-FSIS offices, and CBP headquarters enables direct engagement with agency officials. We resolve import detentions faster, obtain expedited rulings, and maintain relationships with decision-makers at Prior Notice Centers and port offices nationwide.Former Agency Officials on Team
Our attorneys include former FDA and USDA regulatory counsel who understand agency enforcement priorities, internal review processes, and negotiation strategies. This insight helps us anticipate agency positions and develop practical solutions that satisfy regulatory concerns while protecting client interests.Food Industry Specialization
We represent only food, agriculture, and related industries. This specialization means we understand supply chain logistics, seasonal product considerations, perishability issues, and the commercial pressures facing food distributors. We provide solutions that account for business realities, not just legal compliance.Comprehensive Trade Compliance
Beyond FDA and USDA compliance, we handle customs matters including:- Tariff classification for food products
- Country of origin determinations
- Free trade agreement qualification
- Antidumping and countervailing duty proceedings
- Forced labor compliance under UFLPA
Industries We Serve in Food Distribution & Trade
While we represent food distributors across all categories, our attorneys have particular experience with the compliance challenges facing these industry segments:
Food Manufacturers and Processors
Manufacturers importing ingredients or exporting finished products face complex compliance obligations spanning facility registration, preventive controls, and export certification. We help processors maintain compliance with FDA’s Food Safety Modernization Act requirements and obtain USDA export approvals for foreign market access.Import and Distribution Companies
Food importers must implement Foreign Supplier Verification Programs, maintain import records, and respond quickly to detention notices. Our attorneys develop FSVP procedures, coordinate foreign supplier audits, and defend against FDA enforcement actions alleging inadequate verification.Fresh Produce Importers
Fruit and vegetable importers face USDA APHIS permit requirements, FDA produce safety rules, and rapidly changing import conditions. We help produce importers obtain phytosanitary certificates, respond to pest interception notices, and navigate seasonal import restrictions.Seafood and Aquaculture
Seafood importers must comply with FDA’s Hazard Analysis and Critical Control Points requirements, country of origin labeling rules, and Lacey Act prohibitions on illegal fishing. We assist seafood companies with HACCP plan development, species verification, and traceability documentation.Meat, Poultry, and Egg Importers
USDA-regulated products require FSIS establishment approval, country equivalence determinations, and mandatory inspection at U.S. ports. Our attorneys coordinate with FSIS import inspection offices, resolve product hold issues, and defend against regulatory control actions.Dietary Supplement Distributors
Supplement importers face FDA current Good Manufacturing Practice requirements, New Dietary Ingredient notifications, and structure-function claim limitations. We help supplement companies with facility compliance, import documentation, and defense against consumer litigation.Is Your Food Distribution Business Prepared for FDA and CBP Enforcement?
Meet Our Team
FDA and USDA Import Requirements for Food Distributors
Understanding which federal agency regulates your imported food products determines the compliance requirements you must meet. The Food and Drug Administration and USDA Food Safety and Inspection Service have distinct jurisdictional areas with different pre-import and post-import requirements.
| Regulatory Area | FDA Requirements | USDA Requirements |
|---|---|---|
| Products Regulated | Seafood, produce, dairy, processed foods, dietary supplements, beverages | Meat, poultry, egg products, certain dairy items |
| Pre-Import Approval | Not required (post-import inspection model) | Import permit required before shipping |
| Prior Notice | Required for all food shipments via FDA’s Prior Notice System | Product-specific documentation requirements |
| Facility Registration | Foreign facilities must register with FDA | FSIS establishment approval for foreign plants |
| Supplier Verification | FSVP required for importers | FSIS equivalence determination for country |
| Inspection Approach | Risk-based sampling at ports (less than 1% inspected) | Mandatory inspection of regulated products |
Some food products contain ingredients from both FDA and USDA jurisdictions, requiring dual compliance. Our attorneys help importers determine agency jurisdiction and coordinate compliance obligations when products fall under multiple regulatory frameworks.
Common Questions About Food Import Export Regulations
What agencies regulate food imports into the United States?
Three federal agencies regulate food imports. The Food and Drug Administration regulates most food products including seafood, produce, and processed foods. The USDA Food Safety and Inspection Service regulates meat, poultry, and egg products. U.S. Customs and Border Protection enforces import requirements and conducts inspections at ports of entry. Learn more about FDA compliance requirements for food manufacturers.
Do I need FDA approval before importing food products?
FDA does not approve food imports in advance. However, importers must register their facilities with FDA, provide Prior Notice for each shipment, and ensure products comply with U.S. food safety and labeling requirements. According to the Food and Drug Administration’s import guidelines, imported foods must meet the same standards as domestic products.
What is Prior Notice and why is it required for food imports?
Prior Notice is advance notification to FDA about incoming food shipments. The Bioterrorism Act of 2002 requires Prior Notice for all food shipments entering the United States to help FDA assess security risks and conduct targeted inspections. Shipments without proper Prior Notice will be refused entry at the port.
What is the difference between FDA and USDA food import jurisdiction?
FDA regulates most food products including produce, seafood, dairy, and processed foods through post-import inspection. USDA requires pre-import permits for meat, poultry, egg products, and certain agricultural items to protect U.S. agriculture from pests and diseases. Some products fall under both agencies and require dual compliance.
What happens if CBP detains my food shipment?
CBP detains food shipments when FDA finds potential violations of food safety or labeling requirements. Detained products cannot enter U.S. commerce until the issue is resolved. Importers can provide evidence of compliance, arrange reconditioning, or voluntarily destroy the shipment. Our attorneys help importers respond to customs enforcement actions and detentions.
When should food importers hire an attorney for trade compliance?
Hire an attorney when facing FDA import alerts, CBP detentions, or repeat compliance violations. Legal counsel helps with Prior Notice submissions, facility registration, FSVP implementation, and responses to FDA Form 483 observations. Early attorney involvement prevents costly enforcement actions and keeps shipments moving.
FOCUS AREAS
- Animal Feed and Pet Food
- APHIS Animal Health
- CBP Compliance
- CBP Enforcement
- Dietary Supplements
- Due Diligence
- Enforcement and Litigation
- Facility Registration
- FDA Food Law and Food Safety
- Food Recalls
- Food Labeling and Advertisement
- Food Service, Restaurants & Retailers
- Forced Labor and UFLPA
- Inspections
- International Organizations and Dispute Resolution
- Meat, Poultry, and Egg Products
- National Organic Program
- PACA
- Trade Associations
- Trade Remedies (Antidumping and Countervailing Duties), ITC Investigations, and USTR Matters
- Trade Policy and Regulations