Imported Foods

Unlike food produced and marketed domestically, imported food has a higher probability of inspection. Under the Food, Drug, and Cosmetic Act, the importer of record is responsible for ensuring that imported foods are safe to eat, produced under sanitary conditions, and labeled according to U.S. regulations. Shipments are subject to FDA review at the port of entry and may be detained if they are not in compliance. We give importers-of-record, customs brokers, and U.S. affiliates of foreign brands the in-house-style counsel they need to clear product and keep it moving.

FDA treats the border as the last practical checkpoint before product reaches American consumers. That means import-side compliance is not a single filing — it is an ongoing program spanning supplier verification, labeling, prior notice, and the firm’s response when a shipment is flagged. The sections below break the work down by the FDA program that governs it, because each one is its own decision point for an importer.

If you are the importer of record, FSVP almost certainly applies to you. You must develop, document, and maintain a program that verifies your foreign suppliers are producing food under preventive controls equivalent to U.S. standards. FSVP requirements shift as FDA updates guidance, so an FSVP that was adequate last year may not be today. We build and audit FSVP programs, name the responsible FSVP importer, and keep the documentation an FDA investigator will ask to see.

For importers with a clean compliance history, VQIP offers expedited entry and review of food shipments in exchange for meeting heightened facility-certification and food-safety requirements. We assess whether VQIP is worth it for your volume and SKUs, and we handle the application and the supporting documentation if it is.

Once a product, shipper, or country lands on an Import Alert, FDA can detain shipments without examining them — the burden flips to you to prove admissibility. We respond to detentions, assemble the evidence to overcome a DWPE designation, and petition for removal from an Import Alert so future shipments stop getting held.

A detained shipment is not necessarily a lost one. Depending on the violation, product may be reconditioned — relabeled, re-sorted, or otherwise brought into compliance — under an FDA-authorized procedure rather than destroyed or re-exported. We negotiate the reconditioning plan and supervise it so you recover as much of the entry’s value as the regulations allow.

We work the import file end to end: FSVP build-out and audits, VQIP eligibility and filing, prior-notice and labeling review before product ships, and rapid response when a shipment is detained or your supplier hits an Import Alert. Clients realize the greatest value when they stack these services together comprehensively rather than buying them one detention at a time. We also handle FDA foreign-facility registration for the overseas facilities that pack, process, or hold your product, and Country of Origin (COO) marking review.

Running an active import program with multiple lines? FSVP obligations change every year, Import Alerts appear without warning, and a single detained container can stall your cash flow. Our Fractional General Counsel subscription folds continuous FSVP maintenance, label and prior-notice review, VQIP upkeep, and on-call detention response into one flat monthly fee — so import compliance is handled before product ships, not after it is held. Compare Service Plans →

Got a shipment held, an FSVP gap, or an Import Alert to fight? See our subscription service plans or book a consultation with a food import compliance lawyer.

Jason Foscolo Founder of The Food Law Firm — fractional general counsel for food & beverage businesses nationwide.

Clients realize the greatest value out of our services when they stack them together comprehensively. Our subscription-based service plans enable our clients to weave our services into the fabric of their businesses at affordable and predictable rates.

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