Thinking about bringing your products to the USA, make sure you are informed of the guidelines on how to select the right mark—one that is both federally registrable and legally protectable. The benefits of federal registration is something to become familiar with, and with this resources you can find free and reduced-price resources that can help you with your trademark. Watch this video to understand why having a trademark component of your business plan is critical to your success.
Under provisions of the U.S. law contained in the U.S. Federal Food, Drug and Cosmetic Act, importers of food products intended for introduction into U.S. interstate commerce are responsible for ensuring that the products are safe, sanitary, and labeled according to U.S. requirements. (All imported food is considered to be interstate commerce.)
FDA is not authorized under the law to approve, certify, license, or otherwise sanction individual food importers, products, labels, or shipments.
Importers can import foods into the United States without prior sanction by FDA, as long as the facilities that produce, store, or otherwise handle the products are registered with FDA, and prior notice of incoming shipments is provided to FDA.
Imported food products are subject to FDA inspection when offered for import at U.S. ports of entry. FDA may detain shipments of products offered for import if the shipments are found not to be in compliance with U.S. requirements. Both imported and domestically-produced foods must meet the same legal requirements in the United States.
We have gathered information from the FDA website to give you an overview and what is necessary to have ready to export.
In addition to meeting the requirements of U.S. food regulations including food facility registration, importers must follow U.S. import procedures as well as the requirements of Prior Notice.
Check your product name for the U.S. market:
This is the new label that producers need to comply with by January 1st. 2020
All FDA-regulated products imported into the United States are required to meet the same laws and regulations as domestic goods. Imported foods must be pure, wholesome, safe to eat and produced under sanitary conditions; drugs and devices must be safe and effective; cosmetics must be safe for their intended use and properly labeled; radiation-emitting devices must meet established standards; tobacco products must meet U.S. requirements, and all products must contain informative and truthful labeling in English.
FDA-regulated products are subject to inspection when offered for import into the United States. Products may be refused entry if they appear, from examination or otherwise, to violate FDA requirements. Some products are subject to certification and/or testing requirements due to a past history of violations; these are identified in import alerts and in certain international cooperative arrangements.
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