A Step-by-Step Guide to Starting a Food Import Business in USA

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Starting a food import business in the USA requires careful planning and compliance with regulations. You'll need to register your business with the US Customs and Border Protection (CBP) and obtain a Food Facility Registration with the FDA.

The first step is to choose a business structure, such as a sole proprietorship, partnership, or corporation, which will determine how you're taxed and held liable. You'll also need to obtain necessary licenses and permits, including a Food Importer License from the FDA.

Next, you'll need to establish relationships with suppliers and manufacturers abroad, which can be done through trade shows, online directories, or industry associations. This will help you find reliable sources for your products and ensure compliance with local regulations.

To ensure compliance with FDA regulations, you'll need to understand the country of origin labeling requirements, which dictate that foods imported into the USA must be labeled with their country of origin.

Starting a Food Import Business in USA

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To start a food import business in the USA, you'll need to obtain a commercial import license from the Food and Drug Administration (FDA). This license is required for all food importers.

The FDA requires that all imported food products meet US food safety standards, which are outlined in the Federal Food, Drug, and Cosmetic Act. The FDA also has a list of approved food facilities and suppliers, which can be found on their website.

To find a reliable supplier, research and contact potential partners directly. You can also use online directories like the FDA's Importer's Guide to find pre-approved suppliers.

Regulatory Requirements

To start a food import business in the USA, you'll need to navigate the regulatory requirements. You can import food products into the United States without prior sanction of the FDA if your facility is registered with the FDA and you give prior notice to the FDA of food shipments.

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The FDA requires that you register your facility on their website by filling out all required fields. You can find more information on the FDA website.

To register your facility, you'll need to provide information about your facility, including its location and contact details. You'll also need to provide information about the food products you plan to import.

Once you've registered your facility, you'll need to obtain all required permits. This may include permits from the U.S. Customs and Border Protection (CBP) and the Animal and Plant Health Inspection Service (APHIS). The CBP assigns an Import Specialist at each port of entry that you can consult with regarding the requirements for your particular food product.

The types of permits you'll need depend on the type of food product you're importing. For example, food products that are from animal origin may require additional permits, health certificates, and/or other specialized certifications.

You'll also need to understand the FDA requirements for your food product. Each food shipment being imported into the United States has particular requirements that must be met to pass inspection and be permitted to pass through the port of entry.

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Here are some of the regulatory agencies involved in overseeing imported foods in the USA:

  • U.S. Food and Drug Administration (FDA)
  • United States Department of Agriculture (USDA)
  • Animal and Plant Health Inspection Service (APHIS)
  • Centers for Disease Control (CDC)
  • United States Fish and Wildlife Service (FWS)
  • Customs and Border Protection (CBP)

You'll need to register your food production facility with the FDA, which is a consistent requirement across all food products.

Some of the most important documents you'll need to submit when importing food include:

  • Bill of Lading (BoL)
  • Commercial Invoice
  • Packing List
  • Prior Notice
  • Entry Summary

You may also need to purchase a customs bond to complete the transaction.

Import Process

To start a food import business in the USA, you'll need to navigate the import process. The first step is to obtain the necessary licenses and permits, including a Food Facility Registration with the FDA and a USDA permit.

You'll also need to comply with FDA regulations, such as registering your facility and listing your products. This involves submitting an Importer's Self-Inspection form and paying a fee.

The FDA will then conduct a risk assessment to determine the level of inspection your facility will require. This process typically takes 2-4 weeks.

Brokers & ACE

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Most importers use a U.S. customs broker to facilitate the clearance of cargo coming into the country.

Brokers transmit all data requested by the importers or from the suppliers as the cargo is prepared to enter the country. They ensure that all documents received match all the documents presented, which means all documents submitted are properly prepared and make sense.

The broker transmits entries to FDA and all other partner government agencies through ACE simultaneously with the transmission from the CBP cargo clearance.

Brokers work as facilitators of information between the government agencies and the importers, transmitting all initial data that allow for the government agencies to see the information presented through the bill of lading, airway bill, invoices, packing list, and any additional documents required for the clearance of FDA product.

The most important piece is the review and verification of paperwork with consultants to ensure no issues arise, particularly to determine if something is on an Import Alert.

The information collected is verified and transmitted by the broker for an Import Securities Filing (ISF) 10+2, which includes the initial 10 data elements that must be submitted 24 hours prior to the cargo's departure at origin.

File Prior Notice

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Filing a Prior Notice is a crucial step in the import process. It's a required step that allows the FDA and CBP to schedule an inspection of your incoming goods.

You'll need to include seven key pieces of information in your Prior Notice. These include the seven-digit identification number, country of production, expected arrival date, time, and location, shipper, carrier, and transport information, and FDA product code.

A Prior Notice helps avoid delays and potential seizures of your goods. Without one, your shipment will be refused entry, held temporarily, or even seized and destroyed.

Here's a brief overview of what to include in your Prior Notice:

  • Seven-Digit Identification Number
  • Country of Production
  • Expected Arrival Date, Time, and Location
  • Shipper, Carrier, and Transport Information
  • FDA Product Code

Once your shipment is received, it will be thoroughly inspected to ensure it meets all food safety requirements.

Do You Need a Customs Bond?

If you're planning to import goods, you'll need to consider whether you need a customs bond. This is especially true if you're importing food for resale, as you'll need a continuous customs bond to import food in large amounts on a regular basis.

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A customs bond is a type of guarantee that ensures you'll comply with regulations and pay any duties owed. It's not a one-time payment, but rather an ongoing commitment that you'll follow the rules.

To get a customs bond, you'll need to follow the application procedures set by the federal agency that regulates the product you're importing. Each agency has its own forms and procedures, so be sure to check the CBP import guidelines for the most up-to-date information.

Here's a quick rundown of what you'll need to do:

  • Check the CBP import guidelines to see if your product requires a license or permit
  • Contact the agency that regulates the product to get application forms and procedures
  • Follow the agency's procedures to apply for a customs bond

Keep in mind that the process can take some time, and you'll need to be prepared to provide detailed information about your business and the goods you're importing. But with the right guidance and preparation, you can get the customs bond you need to start importing your goods.

Find Entry Forms

To find the entry forms you need, you must fill them out within 15 calendar days of your shipment's arrival at a U.S. port of entry.

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Your importer number is required on these forms, which is your IRS business registration number. If you don't have one, you can use your Social Security number instead.

You can also request a CBP-assigned number, but to do this, you'll need to complete CBP Form 5106.

Here are the options for getting an importer number:

  • Your IRS business registration number
  • Your Social Security number (if you don't own a business)
  • Request a CBP-assigned number by completing CBP Form 5106

What Is the Foreign Supplier VP?

The Foreign Supplier Verification Program (FSVP) is a crucial part of the import process. It's a program designed by the FDA to ensure that human and/or animal food imported into the US meets applicable food-safety standards.

The FSVP has different priorities, including a history of non-compliance, such as recalls, laboratory class 4, microbiological findings, and foodborne-illness outbreaks. This history can impact an importer's ability to meet FSVP requirements.

High-risk foods, like ready-to-eat foods and those with undeclared food allergens, are also a priority under the FSVP. These foods may pose a health risk to consumers if not handled properly.

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Factors that determine the level of risk associated with imported foods include:

  • Number of different foods imported by the importer
  • Number of suppliers from which you’re importing food
  • Volume and value of the lines of food that are imported

Importers must perform risk-based activities to verify that their imported foods meet US food-safety standards. This includes developing, maintaining, and following a FSVP.

Facility Registration

To start a food import business in the US, you'll need to register your facilities with the FDA. This includes both the food facilities in the exporting countries and the company doing the importing.

The FDA's Registration Database is where you'll find the information you need to begin the registration process. Once you've registered, you'll receive a seven-digit identification number, which is required for the next step in the process.

You can register your facility on the FDA website by visiting their website and filling out all required fields. This will allow you to import food into the US without prior sanction from the FDA, as long as you give prior notice of your shipments.

Broaden your view: Us Import Duties from Canada

Register Facilities

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Registering your facility with the FDA is a crucial step in the food import process. You can register your facility on the FDA website by visiting their website and filling out all required fields.

To register, you'll need to check the FDA's Registration Database. This will help you get started with the registration process for both foreign and domestic establishments.

You'll receive a seven-digit identification number after registering, which is a requirement for the next step in the process: filing prior notice. This code is essential for moving forward with the import process.

Nearly all foreign manufacturers, suppliers, and distributors of food intended for import to the U.S. must register their facility with the FDA. This requirement stems from regulations outlined in the FDA's Foreign Supplier Verification Program (FSVP).

To expedite the food import process, it's recommended to include the facility registration information at the time of import along with all other required documents. This will help streamline the process and avoid any potential delays.

Register Facility with U.S. Administration

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Registering your facility with the U.S. Food and Drug Administration (FDA) is a crucial step in importing food into the United States. This process involves registering your facility on the FDA website by filling out all required fields.

The FDA requires that all foreign food suppliers register their facilities, including manufacturers, suppliers, and distributors. This registration is a requirement for the Foreign Supplier Verification Program (FSVP).

To register your facility, you'll need to provide information such as your facility's name, address, and type of food products you handle. You'll also need to provide a unique facility identifier, which is a seven-digit code assigned to your facility.

You can register your facility on the FDA website, and once you've completed the registration process, you'll receive a confirmation email with your facility's unique identifier.

Here are the key steps to register your facility with the FDA:

  • Register your facility on the FDA website
  • Provide required information, including facility name, address, and type of food products handled
  • Receive a unique facility identifier, a seven-digit code assigned to your facility

By registering your facility with the FDA, you'll be able to import food into the United States without prior sanction, provided you give prior notice to the FDA of food shipments.

Required Documentation

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Required Documentation is a crucial step in the facility registration process. You'll need to ensure all the necessary documents are complete and accurate to avoid delays or penalties.

To start, you'll need a Commercial Invoice, which provides essential information such as the country of origin, shipment date, value of goods, and the Harmonized System (HS) code. This document serves as a record for customs to assess duties and taxes.

A Bill of Lading is also required, issued by your shipper, it serves as a contract, receipt, and shipment tracker, detailing the terms of transport and necessary for your goods to be released at the destination.

A Packing List is another essential document, it lists the quantity and dimensions of all items in your shipment, and must match the commercial invoice, including invoice numbers for the products being shipped.

A Customs Bond is required by the CBP for commercial imports, it guarantees the payment of duties and fees. You'll also need an Entry Summary (CBP Form 7501), which consolidates most of the data from the above documents, used by CBP to cross-reference all import information.

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Here are the required documents in a concise list:

  • Commercial Invoice
  • Bill of Lading
  • Packing List
  • Customs Bond
  • Entry Summary (CBP Form 7501)

Prior Notice is also required, this notice of arrival must be filed with the FDA prior to the shipment's arrival in the United States. This ensures that your food products will be readily received and not detained for not passing inspection.

Required Documents

To start a food import business in the USA, you'll need to gather a bunch of required documents. You can't just ship food products across the border without them.

A Commercial Invoice is a must-have document that provides essential information about your shipment, including the country of origin, shipment date, value of goods, and the Harmonized System (HS) code. It serves as a record for customs to assess duties and taxes.

A Bill of Lading is another crucial document issued by your shipper, which serves as a contract, receipt, and shipment tracker. It details the terms of transport and is necessary for your goods to be released at the destination.

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A Packing List is a document that lists the quantity and dimensions of all items in your shipment. It must match the commercial invoice, including invoice numbers for the products being shipped.

You'll also need to file a Prior Notice with the FDA before your shipment arrives in the USA. This notice of arrival must include information about the shipment, such as the type and quantity of food products being imported.

A Customs Bond is required by the CBP for commercial imports. It guarantees the payment of duties and fees.

Here's a list of the required documents you'll need to import food into the USA:

  • Commercial Invoice
  • Bill of Lading
  • Packing List
  • Prior Notice (filed with the FDA)
  • Customs Bond
  • Entry Summary (CBP Form 7501)

These documents may seem like a lot, but they're necessary to ensure a smooth and efficient import process. Make sure to have all of them ready before your shipment arrives in the USA.

Product-Specific Requirements

Research is key when importing food into the US, as different products have varying health, safety, and manufacturing specifications to consider. For example, Swiss chocolates, Japanese teas, and German sausages all require unique attention.

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The FDA regulates all foods and food ingredients introduced into or offered for sale in the USA, with the exception of meat, poultry, and certain processed egg products, which are regulated by the U.S. Department of Agriculture. You can explore the restrictions, regulations, and requirements on the foods you're interested in importing by looking up your food in Chapter 5 of the FDA Manual of Compliance Policy Guide.

Some products, like canned, packaged, baked goods, and seafood, must be labeled with the appropriate information, including country of origin, nutrition information, and ingredient information. This information is crucial for compliance with FDA regulations.

If you're importing dairy products, you'll need to jump through additional hoops. The USDA regulates these products, and certain types require a special import permit from the FDA. Here are some dairy products that require an import permit under the Federal Import Milk Act (FIMA):

  • Cream
  • Half and half
  • Ultra-filtered, concentrated, and flavored milk
  • Heavy cream

Note that evaporated milk, sour cream, dry milk, cheese, yogurt, and ice cream are not covered under this act. Depending on the type of dairy product and country of origin, you may also need to obtain an official APHIS veterinary permit.

Dairy Products to U.S

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Importing dairy products into the U.S. requires some extra steps due to regulations by the USDA and FDA.

You'll need to obtain a special import permit from the FDA for certain products, such as cream, half and half, ultra-filtered, concentrated, and flavored milk, and heavy cream.

Other dairy products, like evaporated milk, sour cream, dry milk, cheese, yogurt, and ice cream, don't require a permit.

You may also need to get an official APHIS veterinary permit, depending on the type of dairy product and its country of origin.

Here's a list of products that require an import permit under the Federal Import Milk Act (FIMA):

  • Cream
  • Half and half
  • Ultra-filtered, concentrated, and flavored milk
  • Heavy cream

Fruits and Vegetables

Importing fruits and vegetables requires an APHIS import permit, which can be obtained by completing PPQ Form 587 online and receiving approval in as little as one day.

The permit is usually required for all types of fruits and vegetables, and the process is organized by type of fruit or vegetable and country.

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APHIS maintains an approved commodity database that contains comprehensive information on all fruits and vegetables that have already been approved for import.

You can quickly check if a specific fruit or vegetable is allowed for import by using the database.

Our Licensed Customs Brokers can provide you with detailed information on importing fruits and vegetables, including what's required for a successful import.

You can contact us at (855)912-0406 to speak with our customs experts and get a 45-minute consultation for $495.

What to Look for in a Third-Party Laboratory

When hiring a third-party laboratory, it's essential to ensure they follow the correct process to gather required documents. The submission package must include Certified Laboratories' process, which includes requesting Entry Documents, the FDA Notice of Action, Packing List, Commercial Invoice, and Warehouse Tally.

Certified Laboratories sends an order confirmation upon approval, and sampling is scheduled. This confirms that the laboratory is on track to meet the necessary requirements.

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To minimize costs, it's best to minimize the number of product lines and product codes included in each shipment, as FDA has been pushing for sampling and testing of each production lot. This can be expensive, and it's essential to be aware of the costs involved.

The laboratory should compile the report based on the packing list and commercial invoice, taking into account the FDA's criteria for the number of portions of each line that must be collected. This will ensure that the report meets the necessary requirements.

Here are the essential documents required for submission:

  • Request Entry Documents
  • FDA Notice of Action
  • Packing List
  • Commercial Invoice
  • Warehouse Tally

Troubleshooting and Support

Starting a food import business in the USA can be challenging, and it's essential to be prepared for potential issues. Exporting a product can carry several difficulties, such as the need to contact an expert for assistance.

If you're experiencing problems, don't hesitate to seek help from a certified consultant or a company like EAS Consulting Group, a Certified Group company, which can provide valuable guidance and support.

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Common Importer Issues

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Importing products can be a complex process, and many importers face common issues that can slow them down. Exporting products carries several potential difficulties, which is why it's recommended that you contact an expert for assistance.

One of the main issues importers face is the inability to answer questions from their importer or broker. If you're unsure about how to navigate the import process, consider reaching out to a consultant to help avoid common pitfalls.

Exporting products requires knowledge of U.S. food import regulations, and failure to comply can result in delays or issues. Working with a customer's broker or a local expert can save you time and ensure that all necessary steps are taken.

The U.S. Customs and Border Protection offers a list of customs brokers available to make the process easier. These professionals are well-versed in U.S. food import regulations and can help alleviate many of the issues importers face.

FDA Holds, Detentions, and Alerts

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An FDA Hold is a temporary measure that prevents a shipment from being released into the country.

You can find out if a shipment is being held by checking the FDA Import Alert Database, which lists all Import Alerts by country, industry, and number assigned.

Import Alerts can be triggered by various reasons, such as a shipment being detained due to an Import Alert.

The FDA Import Alert Database is a direct system that importers and exporters can use to verify if their suppliers are in good standing with the FDA.

If a shipment is detained due to an Import Alert, you'll need to consider other factors to be removed from the Import Alert.

The FDA Import Alert Database includes an example of an Import Alert, specifically Import Alert 16-05, which deals with Mahimahi that may have histamines and decomposition.

Import Alerts can be countrywide, meaning any product coming from a specific country immediately falls under the alert, as seen in Import Alert 16-05, which includes Ecuador and Taiwan as countries of concern.

Many Import Alerts include an FDA Red List, which lists products that don't meet the criteria for exclusion from Detention Without Physical Examination (DWPE).

Research and Planning

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Research is a crucial step in starting a food import business in the USA.

You'll need to identify potential markets and customers, which can be done by analyzing industry trends and consumer behavior.

The US Census Bureau reports that the food import market is projected to grow by 5% annually from 2023 to 2027.

Conduct a thorough market analysis to determine the demand for imported foods in your target market.

The FDA requires food importers to comply with strict regulations, including obtaining a Food Facility Registration and a Foreign Supplier Verification Program (FSVP) certificate.

Develop a comprehensive business plan that outlines your company's mission, goals, and strategies for success.

Proper Product Labeling

Proper product labeling is crucial when importing food into the US. It's not just about slapping a label on your product, but about ensuring it meets specific FDA requirements.

You'll need to include the country of origin on your labels, along with an English translation of any foreign text. This is a must-have for packaged foods, and it's not just a formality.

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The FDA has specific guidelines for labeling, and you can find more information on their Food Labeling Guidelines. It's essential to check these guidelines for your specific product to ensure you're meeting all the requirements.

Failing to comply with these requirements can lead to your products being denied entry into the US or even pulled from shelves later on. So, it's crucial to get it right from the start.

Here are some key label requirements to keep in mind:

  • Country of origin
  • English translation of foreign text
  • Name and address of the U.S. distributor or importer
  • Nutrition information and ingredient information

Remember, some products might require additional information, so always check the FDA's guidelines. You can also call the Office for Food Labeling for specific questions on labeling your product.

US Regulatory Bodies

The US Regulatory Bodies play a crucial role in overseeing imported foods. The U.S. Food and Drug Administration (FDA) regulates most types of food sold in the U.S. except meat, poultry, and certain egg products.

You'll also need to register your food production facility with the FDA, a regulation that's almost 100% consistent. The United States Department of Agriculture (USDA) regulates beef, chicken, and egg products not covered by the FDA.

Here are the key regulatory agencies you'll need to be aware of:

  • The U.S. Food and Drug Administration (FDA)
  • The United States Department of Agriculture (USDA)
  • Animal and Plant Health Inspection Service (APHIS)
  • Centers for Disease Control (CDC)
  • United States Fish and Wildlife Service (FWS)
  • Customs and Border Protection (CBP)

US Regulatory Bodies

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The US has a complex web of regulatory bodies that oversee imported food. The U.S. Food and Drug Administration (FDA) is responsible for regulating most types of food sold in the US, except for meat, poultry, and certain egg products.

The FDA is not the only agency involved in regulating imported food; the United States Department of Agriculture (USDA) also plays a crucial role. The USDA regulates beef, chicken, and egg products not covered by the FDA.

The Animal and Plant Health Inspection Service (APHIS) is a specific arm of the USDA concerned with animal byproducts. The Centers for Disease Control (CDC) monitors outbreaks of communicable diseases worldwide and limits or prohibits imported foods accordingly.

If you plan to import certain types of seafood, you may need a permit from the United States Fish and Wildlife Service (FWS). Customs and Border Protection (CBP) enforces customs compliance for shipments at borders and points of entry in the US.

Here's a list of the key regulatory bodies involved in overseeing imported food in the US:

  • The U.S. Food and Drug Administration (FDA)
  • The United States Department of Agriculture (USDA)
  • Animal and Plant Health Inspection Service (APHIS)
  • Centers for Disease Control (CDC)
  • United States Fish and Wildlife Service (FWS)
  • Customs and Border Protection (CBP)

Alert Database

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The FDA Import Alert Database is a crucial tool for importers and exporters to verify whether their suppliers are in good standing with the FDA. It's a direct FDA system that helps you review information to ensure you don't run into problems once the cargo has already been purchased.

You can view all the different Import Alerts by country, industry, the number assigned to each alert, and publication here. This database is one of the first steps in reviewing information to ensure compliance.

Import Alerts are assigned a number, such as Import Alert 16-05, which deals with Mahimahi that may have histamines and decomposition. This alert is countrywide, meaning any product coming from Ecuador or Taiwan immediately falls under this Import Alert.

The FDA Import Alert Database is a must-use resource for importers and exporters to stay ahead of potential issues.

Calculating Duties and Fees

Calculating duties and fees is a crucial step in starting a food import business in the USA. Duty rates vary from one foodstuff to another, so there's no flat rate you can expect to pay in general duties per shipment.

Additional reading: Canadian Import Duties

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Flavored, organic green tea, for example, is classified under the HTS code 0902.10.1050, with a duty rate of 6.4% of the shipment's value. This means that if you ordered $5,000 worth of goods classified under this code, you'd pay $320 in duties.

Special rates of duty apply to countries with which the United States shares a trade agreement, offering 0% rates or preferential rates that are simply lower than average. However, negative trade relations can lead to increased duties and tariffs, like the 25% tax on goods sourced from China due to Section 301 tariffs.

Reciprocal tariffs, which have been recently implemented, can also impact your business, with an average rate of 10% and some countries having individual rates that run much higher. Fortunately, these tariffs have been postponed for 90 days, except for China.

For another approach, see: Duty Free Shopping Usa to Canada

Frequently Asked Questions

Do I need a license to import food to the USA?

No, you don't need a license to import food to the USA, but you must register your facilities with FDA and provide prior notice of incoming shipments. However, there may be additional requirements or regulations you need to comply with, so be sure to review FDA guidelines carefully.

Do I need FDA approval to sell food?

To sell food in the USA, you need to register your facility with the US FDA, not obtain FDA approval. However, if you're not planning to market your products in the USA, registration is not required.

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