Description
This guidance document is a restatement of the Food and Drug Administration’s (FDA's) current requirements for prior notice of food presented in simplified format and language. As guidance, it is not binding on either FDA or the public. FDA notes, however, that the regulation that is the basis for this pamphlet establishes requirements for all covered activities. For this reason, FDA strongly recommends that affected parties consult the regulation at 21 CFR Part 1, Subpart I, in addition to reading this pamphlet.
Scope & Applicability
Product Classes
10Prior notice requirements depend on testing purpose
Food produced in the U.S. and reimported; requires prior notice.
Food imported for commercial testing or display
Animal-derived containers for sausage under FDA jurisdiction.
Personal food items included in a move to the U.S.
Food moved to U.S. caterers for export or domestic flights.
Exempt from prior notice if under USDA jurisdiction
Food imported or offered for import into the United States; Articles of food imported or offered for import into the U.S.; Food products brought into the U.S.; food offered for import into the U.S.
articles used for food or drink for man or other animals
subject to 21 CFR part 111; Foods not subject to preventive controls requirements; Specific product category with modified FSVP requirements.; Included in human food sales calculation; foods not covered under systems recognition arrangements
Stakeholders
10The entity providing information for the AFIC process.
Entity responsible for submitting NDINs
individual or entity transporting the food
Person responsible for establishing FSVP; Person in the United States who owns or has purchased the food at time of entry; entity responsible for FSVP compliance; Entity responsible for FSVP compliance; Entity responsible for conducting hazard analysis; Subject of FSVP requirements for food for humans and animals.; The entity responsible for FSVP compliance and supplier approval.; entity responsible for foreign supplier verification; entity responsible for developing FSVP; entity responsible for
Firm that consolidates articles of food from different growers; Entity identified if grower identity is unknown
Entity in the supply chain between the receiving facility and the supplier
Nonprofit organizations importing food.
Entities like FedEx transporting food into the U.S.
Users familiar with FDA Country of Production term
Entity transmitting the prior notice; Person who transmits prior notice information on behalf of a submitter; person or entity submitting the prior notice; Notification of prior notice refusals and holds will be provided to the transmitter.
Regulatory Context
Attributes
2change that does not require resubmission
change that does not require resubmission
Identified Hazards
Hazards
2food safety refusal reason
food safety refusal reason
Related CFR Sections (13)
- 21CFR10.115§ 10.115 Good guidance practices.
(a) What are good guidance practices? Good guidance practices (GGP's) are FDA's policies and procedures for developing, issuing, and using guidance documents.Read full regulation →
- 21CFR1.283§ 1.283 What happens to food that is imported or offered for import without adequate prior notice?
(a) For each article of food that is imported or offered for import into the United States, except for food arriving by international mail or food carried by or otherwise accompanying an individual, the consequences are:Read full regulation →
- 21CFR1.285§ 1.285 What happens to food that is imported or offered for import from unregistered facilities that are required to register under subpart H of this part ?
(a) Consequences. If an article of food from a foreign facility that is not registered as required under section 415 of the act ( 21 U.S.C. 350d ) and subpart H of this part is imported or offered for import into the United States, the food is subject to being held under section 801(l) of the act ( Read full regulation →
- 21CFR1.279§ 1.279 When must prior notice be submitted to FDA?
(a) Except as provided in paragraph (c) of this section, you must submit the prior notice to FDA and the prior notice submission must be confirmed by FDA for review as follows:Read full regulation →
- 21CFR1.282§ 1.282 What must you do if information changes after you have received confirmation of a prior notice from FDA?
- 21CFR1.281§ 1.281 What information must be in a prior notice?
(a) General. For each article of food that is imported or offered for import into the United States, except by international mail, you must submit the information for the article that is required in paragraphs (a)(1) through (18) of this section:Read full regulation →
- 21CFR1.280§ 1.280 How must you submit prior notice?
(a) You must submit the prior notice electronically to FDA. You must submit all prior notice information in the English language, except that an individual's name, the name of a company, and the name of a street may be submitted in a foreign language. All information, including the items listed in tRead full regulation →
- 21CFR1.278§ 1.278 Who is authorized to submit prior notice?
A prior notice for an article of food may be submitted by any person with knowledge of the required information. This person is the submitter. The submitter also may use another person to transmit the required information on his/her behalf. The person who transmits the information is the transmitterRead full regulation →
- 21CFR1.277§ 1.277 What is the scope of this subpart?
(a) This subpart applies to all food for humans and other animals that is imported or offered for import into the United States for use, storage, or distribution in the United States, including food for gifts and trade and quality assurance/quality control samples, food for transshipment through theRead full regulation →
- 21CFR1.227§ 1.227 What definitions apply to this subpart?
The definitions of terms in section 201 of the Federal Food, Drug, and Cosmetic Act apply to such terms when used in this subpart. In addition, for the purposes of this subpart:Read full regulation →
- 21CFR1.225§ 1.225 Who must register under this subpart?
(a) You must register your facility under this subpart if you are the owner, operator, or agent in charge of either a domestic or foreign facility, as defined in this subpart, and your facility is engaged in the manufacturing/processing, packing, or holding of food for consumption in the United StatRead full regulation →
- 21CFR1.226§ 1.226 Who does not have to register under this subpart?
This subpart does not apply to the following facilities:Read full regulation →
- 21CFR1.276§ 1.276 What definitions apply to this subpart?
(a) The act means the Federal Food, Drug, and Cosmetic Act.Read full regulation →
Related Warning Letters (10)
- 2025-09-09
Foreign Supplier Verification Program (FSVP)
Jalisco Fresh Produce, Inc.
- 2025-03-18
Foreign Supplier Verification Program (FSVP)
Zacanta LLC
- 2024-10-08
Foreign Supplier Verification Program (FSVP)
Green Day Produce, Inc.
- 2024-09-24
Acidified Foods/Emergency Permit Control/Adulterated
Brewing Market Coffee
- 2024-08-27
Foreign Supplier Verification Program (FSVP)
Minland of Texas, Inc.
- 2024-05-21
FSVP/Seafood HACCP
Rash Catering Services, LLC
- 2023-10-10
Foreign Supplier Verification Program (FSVP)
Ikal LLC
- 2023-01-24
Foreign Supplier Verification Program (FSVP)
TL State Management, Inc.
- 2022-12-13
Foreign Supplier Verification Program (FSVP)
Gobwa Exotic Imports Inc.
- 2022-08-16
Foreign Supplier Verification Program (FSVP)
EH Maldonado and Company
See Also (8)
- Draft Guidance for Industry: New Dietary Ingredient Notification Master Files for Dietary Supplements (Status: Draft)
- Questions and Answers Regarding Mandatory Cosmetics Recalls: Guidance for Industry : Draft Guidance for Industry (Status: Draft)
- CPG Sec. 460.300 Return of Unused Prescription Drugs to Pharmacy Stock (Status: Final)
- CPG Sec. 444.100 Recovery of Investigational New Drugs from Clinical Investigators (Status: Final)
- CPG Sec. 400.900 Class I Recalls of Prescription Drugs (Status: Final)
- CPG Sec. 454.100 OTC Ear Drop Preparations (Status: Final)
- CPG Sec. 430.300 Labeling Shipping Containers of Drugs (Status: Final)
- CPG Sec. 455.100 Inert Glandular Preparations *(OTC)*, Inadequate Full Disclosure and Claims (Status: Final)