FDA De Minimis Exemption for Food Shipments Revoked

On July 9, U.S. Customs and Border Protection (CBP) announced that all shipments presented for entry of FDA-regulated commodities, including food, must be submitted to FDA for review regardless of value. Previously FDA had exempted food from having to be reviewed at entry by the agency if the shipment was valued at less than $800 in line with the limits for de minimis shipments that may be entered duty-fee as type 86 entries (Section 321).

Note that the FDA de minimis exemption did not apply to ackees, puffer fish (fugu), raw claims, raw oysters, raw mussels, foods packed in air tight containers (e.g. cans, jars, plastic bags, foil pouches, etc.) inteded to be stored at room temperature. These products required review by FDA regardless of shipment value and will continue to be reviewed by the agency, now along with all other foods.

The impact of the elimination of hte FDA de minimis exemption is that generally all commercial shipments of food, regardless of value, will require an FSVP importer to be declared. E-commerce sellers and fulfillment businesses in particular should prepare for this change as many shipments to fulfillment centers are entered as type 86. Without an FSVP importer declared the entry cannot be filed. We offer FSVP agent solutions. Feel free to contact us at info@usfoodimports.com if you have questions or need assistance.