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FDA Prior Notice — Food Import Notification

The FDA Bioterrorism Act requires that Prior Notice be submitted to FDA before any food shipment arrives at a U.S. port of entry. Prior Notice services are available exclusively to existing LMG clients.

Bioterrorism ActRequired Before ImportAll Food Shipments

Prior Notice Services

 

FDA must be notified in advance of any shipments of food for humans and other animals that are imported into the U.S., unless the food is excluded from Prior Notice requirement. FDA must electronically receive and confirm Prior Notice before a food shipment arrives at the first port in the United States (port of arrival). The deadline for submitting Prior Notice depends on the mode of transportation used for shipment.

Prior Notice services are available exclusively to existing LMG clients.

Prior Notice Submission

Preparation and submission of FDA Prior Notice for food import shipments — required before arrival at U.S. ports of entry for all food products.

Timing Compliance

FDA Prior Notice must be submitted within specific timeframes before arrival — varying by mode of transport. We ensure your Prior Notice is submitted on time to prevent shipment holds.

Food Facility Registration

Prior Notice must reference a valid FDA food facility registration. LMG handles both food facility registration and Prior Notice together.

Import Alert Assistance

If your shipment is detained or refused due to Prior Notice issues, LMG assists with FDA communications and resolution.

How It Works

We manage the entire process from start to finish.
1
Shipment Data Collection
We collect all required shipment information — product description, shipper, importer, country of origin, and planned arrival details.
2
Prior Notice Preparation
We prepare your complete Prior Notice submission with all required FDA data elements.
3
Timely Submission
We submit your Prior Notice to FDA within the required timeframe before shipment arrival — ensuring no customs delays.
4
Confirmation Number
You receive a Prior Notice confirmation number — required to present to U.S. Customs and Border Protection (CBP) upon arrival.

Frequently Asked Questions

Common questions about this FDA regulatory service.

Prior Notice is a mandatory FDA notification required before any food shipment — including dietary supplements and animal food — arrives at a U.S. port of entry. It is required under the Bioterrorism Act of 2002.

Timeframes vary by transport mode:

(1) If the article of food is arriving by land by road, no less than 2 hours before arriving at the port of arrival;

(2) If the article of food is arriving by land by rail, no less than 4 hours before arriving at the port of arrival;

(3) If the article of food is arriving by air, no less than 4 hours before arriving at the port of arrival; or

(4) If the article of food is arriving by water, no less than 8 hours before arriving at the port of arrival.

  (5) For an article of food sent by international mail, prior notice must be submitted and confirmed by FDA before the food is sent.

FDA recommends submitting as early as possible.

Prior Notice may be submitted by the importer, owner, consignee, or their U.S. Agent. LMG can submit on behalf of your facility as your registered U.S. Agent.

Food arriving without Prior Notice may be refused entry or held at the port of entry. The FDA may also require re-exportation of the shipment at the importer’s expense.

Need Help with FDA Prior Notice?

LMG assists food importers with accurate and timely Prior Notice submissions to FDA.

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