Food Export Compliance Between the US and Europe: A Practical Checklist

Most food exports do not fail because of the product. They fail because of paperwork, labels or a missing registration that nobody checked until the pallet was already at the port. This checklist covers the main compliance steps for small food producers and distributors selling between the US and Europe. Rules change, so treat it as a starting map and confirm details with the authorities or a trade consultant before you ship.

Exporting to the US: what you need

Register your facility with the FDA. Any facility that manufactures, processes, packs or holds food for US consumption must register with the Food and Drug Administration before shipping. Registration is renewed every two years.

File Prior Notice for every shipment. The FDA must be told about incoming food shipments before they arrive. A missing or late Prior Notice is one of the most common reasons shipments are held at the border.

Name a US agent. Foreign facilities must appoint a US agent who can communicate with the FDA on their behalf.

Make sure your importer has an FSVP. Under the Foreign Supplier Verification Program, the US importer is responsible for verifying that your food is produced to US safety standards. Expect buyers to ask for your food safety plan, supplier records and test results.

Label for the US market. US labels need a Nutrition Facts panel in the US format, a full ingredient list, a net quantity statement in US units and the country of origin. Allergens must be declared for the major allergens recognised in the US, which include sesame. A label that is fine in Europe will usually need redesigning.

Check product specific rules. Meat, poultry, eggs and some dairy products fall under the US Department of Agriculture rather than the FDA, with extra permits and inspections. Plant products can also face agricultural inspection.

Exporting to Europe: what you need

Understand the importer's role. In the EU, the business that places food on the market is responsible for its compliance, so your European importer or distributor carries legal responsibility. Choose one who knows the rules, and be ready to supply the documents they need.

Label in the local language. EU labelling rules require mandatory information such as the ingredient list, a net quantity in metric units, a date mark and a nutrition declaration. Labels must be in a language the consumer understands, which usually means the language of each target country. Fourteen allergens must be highlighted in the ingredient list.

Check additives, ingredients and claims. Some additives, colours and processing aids that are common in the US are restricted or banned in the EU. Health and nutrition claims are tightly regulated, so marketing copy that works in the US can break EU rules.

Prepare certificates for animal and plant products. Food of animal origin generally needs an official health certificate and must enter through an approved border control post. Many plant products need phytosanitary certificates. Check the requirements for your exact product code before you commit to a buyer.

Get your customs classification right. Every product needs a correct Harmonized System (HS) code. The wrong code can mean the wrong duty, delays and penalties. Keep your commercial invoice, packing list and certificate of origin consistent with each other.

Documents to have ready for any shipment

Commercial invoice, packing list, bill of lading or air waybill, certificate of origin, product specification sheet, any health or phytosanitary certificates, and proof of facility registration where required.

The five mistakes we see most often

Labels copied from the home market without adaptation, wrong or vague HS codes, shipping before the importer has confirmed registration or Prior Notice, cold chain failures that make a compliant product unsellable, and assuming a distributor will handle compliance without asking them to confirm it.

When to get help

If you are planning your first shipment, moving into a new category such as dairy, meat or organic, or entering a new country, a short compliance review costs far less than a held container. At VC Agriculinary Consulting we help small food producers and distributors plan compliant market entry between the US and Europe, from labelling and documentation to distributor selection. For the wider picture, read our overview of why international trade compliance matters or see our food trade consulting services.

Not sure where your product stands? Contact us and tell us what you plan to export and where.