Importing Meat, Poultry, and Egg Products into the United States
Importing USDA Regulated Foods
Importing Meat, Poultry, and Egg Products into the U.S.
The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) is the public health regulatory agency responsible for ensuring that domestic and imported meat, poultry, and egg products are safe, wholesome, and correctly labeled and packaged.
FSIS import inspection occurs after the product has met U.S. Customs and Border Protection (CBP) and USDA-Animal and Plant Health Inspection Service (APHIS) requirements at the U.S. Port of Entry (i.e. conditional release). CBP’s release of the shipment at the U.S. Port of Entry allows the shipment to transfer to the designated FSIS official import inspection establishment. It does not mean that FSIS import inspection requirements have been met.
FSIS inspects imported meat, poultry, and egg products under the authority of the Federal Meat Inspection Act (FMIA), the Poultry Products Inspection Act (PPIA), and the Egg Products Inspection Act (EPIA).
In-Depth Coverage: USDA-Regulated Products
- Importing USDA-Regulated Food Products
- Import Regulation by USDA Agricultural Marketing Service (AMS)
- Food Products – FDA or USDA Regulated
- Country of Origin Labeling
- Importing Animals, Animal Products, and Biologics into the US
- Importing Meat, Poultry, and Egg Products into the US
- Labeling and Marking of Imported Meat, Poultry, and Egg Products
- USDA National Organic Program (NOP)
- Agricultural Safeguards and USDA Licensing
Importer’s Responsibility
The importer is responsible for filing entry and clearing the goods through U.S. Customs and other applicable U.S. government agencies. The importer (or agent) is responsible for ensuring that all requirements (e.g. CBP, APHIS, FSIS) are met prior to moving the goods into commerce.
The importer applies to FSIS for import reinspection of shipments of meat, poultry, and egg products. The importer (or agent) identified on the import inspection application is the party who will be contacted (email) by FSIS regarding the following:
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Decisions associated with the reinspection of imported products;
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Decisions associated with refused entry product;
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Responsibility for recalls requested on imported products; and
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Responsibility for shipments that fail to present (FTP) for FSIS reinspection.
Country Equivalence and Establishment Eligibility
Imported meat, poultry, and egg products must originate from eligible countries and from establishments or plants that are certified to export to the United States. Countries become eligible following an equivalence determination process completed by FSIS in coordination with the central competent authority (CCA). Establishments or plants become eligible when the CCA of the exporting country certifies to FSIS that the establishment(s) or plants meet requirements that are equivalent to FSIS requirements.
After a country is determined to have an equivalent food safety regulatory system, FSIS relies on the country’s CCA to carry out inspection activities. Foreign establishments desiring to export to the United States must apply to their own CCA and that country’s chief inspection official must certify to FSIS those establishments that meet requirements equivalent to those of the United States. In addition to reinspecting products presented for import into the United States, FSIS conducts periodic audits to ensure that the foreign country’s food safety regulatory system remains equivalent to that of the United States. These audits include an assessment of selected exporting establishments.
In-Depth Coverage: Country of Origin
- Country of Origin of Imported Merchandise
- Customs Ruling: Country of Origin
- Country of Origin: Food Products
- Country of Origin: Chemical and Pharmaceutical Products
- Country of Origin & Country of Manufacture: CBP vs. FDA
- Country of Origin: Substantial Transformation or Country of Assembly Test
- Country of Origin and Free Trade Agreement
- Country of Origin and Section 301
USDA-Regulated Products: Entry Process
Presenting and Documenting Shipments
All imported shipments of meat, poultry, and egg products must be presented to FSIS for inspection.
The importer is responsible for filing entry and clearing the goods through U.S. Customs and other applicable U.S. government agencies.
FSIS import inspection occurs after the product has met U.S. Customs and Border Protection (CBP) and USDA-Animal and Plant Health Inspection Service (APHIS) requirements at the U.S. Port of Entry (i.e. conditional release).
CBP’s release of the shipment at the U.S. Port of Entry allows the shipment to transfer to the designated FSIS official import inspection establishment. It does not mean that FSIS import inspection requirements have been met.
Prior Notification of Imported Product
The applicant (importer of record or designated agent) must apply for the inspection of imported products as far as possible in advance of the anticipated arrival of each consignment, but no later than when the entry is filed with CBP. The objective of the prior notification requirement is to enhance FSIS’ ability to identify shipments that are not presented for inspection, as well as to ensure that there is notice and data entry in the Public Health Information System (PHIS) is performed well before the shipment arrives at the official import inspection establishment, thus avoiding delays in the re-inspection of the shipment by FSIS at the official import inspection establishment.
It is important to emphasize that applicants automatically meet the prior notice requirement by filing Customs entry with the PGA Message Set (i.e., an electronic application). Applicants using paper applications will meet the prior notice requirement if the application is provided to FSIS at the official import inspection establishment (or other FSIS approved location designated on the import inspection application) as early as possible, but no later than when the entry is filed with CBP).
In-Depth Coverage: Cosmetics Import Requirements
Import Inspection Application
The importer (person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on the importer’s behalf, such as a broker) must apply for FSIS inspection of the imported product.
Importers (i.e. the applicant) must submit either the paper FSIS Form 9540-1 Import Inspection Application to the FSIS inspection personnel in the designated official import inspection establishment; or the electronic application data (Partner Government Agency (PGA) Message Set) into the U.S. Customs and Border Protection’s (CBP) Automated Commercial Environment (ACE), which transfers to FSIS’ Public Health Information System (PHIS) Import Component.
The PHIS Import Component is an electronic data analytic system that collects, consolidates, and analyzes data in order to improve public health. PHIS enables importers to electronically apply for FSIS import inspection prior to the arrival of shipments destined for the United States and electronically links with ACE.
More information about the PHIS Import Component: Public Health Information System (PHIS) – Import Component
FSIS Sampling Process
FSIS reinspection sampling is allocated by country, process category, product category, product group and in some instances, species. Each imported product shipment is to be identified by the foreign exporting establishment with a unique shipping mark or identification mark that is entered into PHIS for the initial identification and subsequent tracking of the product while in U.S. commerce distribution channels. When a lot of imported product is selected for reinspection, several types of inspection (TOI) may be assigned and performed by FSIS import inspection personnel. These include a physical examination of the product for visible defects and an examination of container condition.
The importer, or the importer’s agent, is responsible for controlling the product that is on hold. The sampled lot may move off-site, however, the held shipment must be controlled (e.g., company seals) and not enter into commerce until acceptable results are received and the FSIS reinspection is completed.
U.S. Refused Entry Process
Meat, poultry, and egg products that do not comply with U.S requirements are not allowed by FSIS to enter U.S. commerce and are identified with a “United States Refused Entry” stamp or tag. When FSIS refuses entry, FSIS sends a notification from PHIS to the applicant by e-mail, utilizing the email address provided on the import inspection application. Product that is securely held at a location other than the official import establishment, pending lab results, must be returned to the official import establishment if the product is Refused Entry. Within 45 days for meat and poultry and 30 days for egg products, the importer of record (IOR) must provide disposition of the refused entry product. Disposition options for refused entry products include: rectification (i.e. misbranded brought into compliance within the product-specific time frames listed above); exportation (return) to originating country or third country; landfill; rendering; incineration; denaturing the product not for human food; or conversion of product to animal food with prior Food and Drug Administration (FDA) approval. The IOR is to notify FSIS in writing if he/she wishes to bring refused entry product into compliance or appeal the refusal.
In-Depth Coverage: Importing Medical Device
Exemptions to FSIS Import Inspection
Samples for Laboratory Examination, Research, Evaluative Testing, or Trade Show Exhibition
Meat, poultry, and egg product samples destined for laboratory examination, research, evaluative testing, or trade show exhibition are not subject to FSIS import reinspection requirements.
Products for Pharmaceutical Use Only
Products intended for pharmaceutical use only may be imported into the U.S. provided the containers are properly identified as “For Pharmaceutical Use Only” and do not contain a foreign mark of inspection.
Product Containing a Small Amount of Meat, Poultry or Egg Product Ingredients
While FSIS statutes provide authority to exempt certain foods containing relatively small amounts of meat, poultry, or egg product ingredients from FSIS inspection, FSIS must ensure that these FSIS amenable ingredients are not adulterated. Accordingly, the meat, poultry, or egg products ingredients used in FSIS-exempted products must be from an eligible source, i.e., prepared under FSIS inspection or in a foreign establishment certified by an equivalent foreign inspection system approved by FSIS.
Product Entering the U.S. Destined for Foreign Commissaries
Under the North Atlantic Treaty Organization (NATO) Agreement, importing goods for use by a foreign military force is permitted, providing foreign military and their families with food and other items sold within their country.
Products for Personal Consumption
All travelers entering the United States are required to declare any products of animal origin they may be carrying. The declaration must cover all items carried in checked baggage, in carry-on luggage, or in a vehicle. U.S. CBP agriculture inspectors at U.S. POEs will examine the items and determine if they meet the entry requirements of the United States.
FSIS inspection regulations permit the entry of small quantities of meat, poultry or egg products for personal consumption. The products must not exceed 50 pounds for meat, poultry and dried egg products, and 30 pounds for liquid or frozen egg products; and must be for personal use only and cannot be sold or distributed in U.S. commerce. Such products are exempt from FSIS import regulations, but they are subject to APHIS animal health requirements.
Undenatured Inedible Meat and Egg Products (includes meat, meat by-products, and technical animal fat)
FSIS is responsible for ensuring that domestic and imported meat and egg products distributed in U.S. commerce as human food are wholesome, unadulterated, and properly labeled. This authority extends to the control of undenatured inedible meat (meat, meat by-products, and technical animal fat) and egg products that have the appearance of being fit for human consumption but are intended for the manufacture of articles not for human food. FSIS permits the movement of imported undenatured inedible meat and egg products and technical animal fat, subject to the approval of a permit issued by FSIS and prior notice given to FSIS in advance of the arrival of each shipment moving under this permit.
In-Depth Coverage: Importing Food Products
- What is FDA Food Safety Modernization Act (FSMA)?
- Prior Notice of Imported Foods
- FDA Food Facility Registration
- Risk-Based Preventive Controls for Human Food
- Risk-Based Preventive Control for Animal Food
- Protect Food against Intentional Adulteration
- What is Foreign Supplier Verification Program (FSVP)?
- What is FSMA Produce Safety Rule?
Products Not Regulated by FSIS
Imported Farmed and Wild Game Meat and Other Products
The U.S. Fish and Wildlife Service has jurisdiction over imported wildlife products. Wildlife is any living or dead wild animal, its parts, and products made from it. Wildlife not only includes mammals, birds, reptiles, amphibians, and fish but also invertebrates such as insects, crustaceans, arthropods, mollusks, and coelenterates. Wild game is wild land mammals (including those living within an enclosed area under conditions of freedom), which are hunted, and wild birds. Large native game animals in the United States include antelope, bear, caribou, deer, elk, moose, and reindeer. Wild game birds include wild turkeys, wild geese, wild ducks, grouse, quail, pheasant, and other non-domesticated species of fowl. APHIS may have restrictions on imported game depending on the source of the product. See more information for importer and exporters of wildlife products: U.S. Fish and Wildlife Service
U.S. Food and Drug Administration (FDA)
The U.S. FDA has jurisdiction over imported food commodities (i.e., meat) such as bison, buffalo, venison, rabbit, game meat, and all other foods not covered by the Federal meat, poultry, and egg products inspection laws. Products from animals not amenable to the Federal Meat Inspection Act and Poultry Products Inspection Act are subject to federal regulation by the U.S. Department of Health and Human Services' (HHS) Food and Drug Administration (FDA) as “food” under the Federal Food, Drug, and Cosmetic Act.
Shell Eggs Jurisdiction over imported shell eggs is shared by three federal agencies: US FDA, USDA’s APHIS, and the USDA’s Agricultural Marketing Service (AMS). FDA has regulatory authority over imported shell eggs under the Federal Food, Drug, and Cosmetic Act. Foreign producers must comply with the requirements of the FDA’s “Egg Rule” found in 21 CFR Part 118 – Prevention of Salmonella Enteritidis in Shell Eggs during Production, Storage, and Transportation. Each individual farm that produces eggs for export to the U.S. must register with FDA under 21 CFR Part 118. If the eggs are transported to another facility to be packed or consolidated with other eggs prior to export, that facility must register with FDA as a food facility.
Finally, either the farm or the facility must provide prior notice to FDA. APHIS protects America's animal and plant resources from agricultural pests and diseases. One way APHIS does this is by ensuring that all imported agricultural products shipped to the United States from abroad, including shell eggs and egg products, meet that Agency's entry requirements to exclude pests and diseases of agriculture. Importers should contact the APHIS Import staff to determine a foreign country’s eligibility to export to the United States. Permits may be required by some countries. Additional information can be found at Imports and Exports Under the EPIA, AMS is responsible for inspecting imported shell eggs. AMS does this to control the disposition of restricted eggs (eggs that are undesirable for human consumption without processing in an official egg products plant) and to assure that the eggs sold to consumers are properly labeled and documented, and contain no more restricted eggs than permitted in the standards for U.S. Consumer Grade B shell eggs and (7 CFR part 57).
AMS notifies FDA when applications are made to import table eggs into the United States and before releasing any lots of table eggs for domestic commerce. AMS also ensures imported eggs originate from foreign farms that are registered with the FDA in accordance with 21 CFR 118.11 and are refrigerated in accordance with 21 CFR 118.4(e). An application to import shell eggs into the U.S. must be made to AMS on Form LPS-222 and be accompanied by a foreign health certificate. Import details for shell eggs can be found at AMS Website. Pharmaceutical Products Derived from Livestock and Imported into the U.S The U.S. FDA has jurisdiction over imported pharmaceutical commodities (e.g., insulin from the pancreas of cattle and swine) that are derived from livestock and not covered by the Federal meat, poultry, and egg products inspection laws.
In-Depth Coverage: Marketing and Advertising Compliance
- Federal Trade Commission (FTC) Advertising Rules
- Made in USA Standard
- FTC Regulation on Environmental Claims
- Adverting and Marketing on the Internet
- Label Claims for Conventional Foods and Dietary Supplements
- Dietary Supplement Advertising: What is FTC's Truth-in-Advertising Law?
- USDA Country of Origin Labeling (COOL)
- FTC Rules & Regulations on Food Advertisement
Shell Eggs
Jurisdiction over imported shell eggs is shared by three federal agencies: US FDA, USDA’s APHIS, and the USDA’s Agricultural Marketing Service (AMS).
FDA has regulatory authority over imported shell eggs under the Federal Food, Drug, and Cosmetic Act. Foreign producers must comply with the requirements of the FDA’s “Egg Rule” found in 21 CFR Part 118 – Prevention of Salmonella Enteritidis in Shell Eggs during Production, Storage, and Transportation.
Each individual farm that produces eggs for export to the U.S. must register with FDA under 21 CFR Part 118. If the eggs are transported to another facility to be packed or consolidated with other eggs prior to export, that facility must register with FDA as a food facility. Finally, either the farm or the facility must provide prior notice to FDA.
APHIS protects America's animal and plant resources from agricultural pests and diseases. One way APHIS does this is by ensuring that all imported agricultural products shipped to the United States from abroad, including shell eggs and egg products, meet that Agency's entry requirements to exclude pests and diseases of agriculture. Importers should contact the APHIS Import staff to determine a foreign country’s eligibility to export to the United States. Permits may be required by some countries. Additional information can be found at Imports and Exports
Under the EPIA, AMS is responsible for inspecting imported shell eggs. AMS does this to control the disposition of restricted eggs (eggs that are undesirable for human consumption without processing in an official egg products plant) and to assure that the eggs sold to consumers are properly labeled and documented, and contain no more restricted eggs than permitted in the standards for U.S. Consumer Grade B shell eggs and (7 CFR part 57).
AMS notifies FDA when applications are made to import table eggs into the United States and before releasing any lots of table eggs for domestic commerce. AMS also ensures imported eggs originate from foreign farms that are registered with the FDA in accordance with 21 CFR 118.11 and are refrigerated in accordance with 21 CFR 118.4(e).
An application to import shell eggs into the U.S. must be made to AMS on Form LPS-222 and be accompanied by a foreign health certificate. Import details for shell eggs can be found at AMS Website.
Pharmaceutical Products Derived from Livestock and Imported into the U.S
The U.S. FDA has jurisdiction over imported pharmaceutical commodities (e.g., insulin from the pancreas of cattle and swine) that are derived from livestock and not covered by the Federal meat, poultry, and egg products inspection laws.
Quick Link To U.S. Customs & Import Requirements
Customs Clearance and Import Requirements
- Entry of Imported Merchandise
- What is Section 321 Entry?
- What is Automated Commercial Environment (ACE)
- What is an Automated Broker Interface (ABI)?
- Who is Ultimate Consignee?
- What is Non-Resident Importer Program?
- Country of Origin of Imported Merchandise
- What is the Country of Assembly?
- What is the FDA's Country of Manufacture?
- Marking of Country of Origin on U.S. Imports
- What is Customs Bond?
- Reconciliation Prototype and Bond Rider
- Who Needs a Customs Broker?
- What is Customs Ruling Program?
- Classification of Imported Goods
- How is imported merchandise appraised?
- What are Import Quotas?
- What are Trade Remedy Duties?
- Antidumping Duty (AD) and Countervailing Duty (CVD)
- What is Foreign Trade Zone (FTZ)?
- What is Importer Security Filing (ISF)?
- What is Temporary Importation under Bond (TIB)
- What is In-Bond Process?
FDA-Regulated Products and Import Requirements
- Entry of Imported Merchandise
- What is Section 321 Entry?
- What is Automated Commercial Environment (ACE)
- What is an Automated Broker Interface (ABI)?
- Who is Ultimate Consignee?
- What is Non-Resident Importer Program?
- Country of Origin of Imported Merchandise
- What is the Country of Assembly?
- What if the FDA's Country of Manufacture?
- Marking of Country of Origin on U.S. Imports
- What is Customs Bond?
- Reconciliation Prototype and Bond Rider
- Who Needs a Customs Broker?
- What is Customs Ruling Program?
- Classification of Imported Goods
- How is imported merchandise appraised?
- What are Import Quotas?
- What are Trade Remedy Duties?
- Antidumping Duty (AD) and Countervailing Duty (CVD)
- What is Foreign Trade Zone (FTZ)?
- What is Importer Security Filing (ISF)?
- What is Temporary Importation under Bond (TIB)
- What is In-Bond Process?