By Frutta Group — — 7 min read
The United States is one of the largest fresh produce import markets in the world, and one of the most regulated. A shipment can be commercially sound and still be held at the port because one requirement was missed.
This guide sets out the checkpoints most fresh fruit imports have to clear. It is a practical overview, not legal advice: requirements depend on the specific commodity and country of origin, and they change. Always confirm current rules with the agencies involved and with a licensed customs broker.
1. Confirm the fruit is admissible from that origin
Not every fruit can enter the US from every country. USDA’s Animal and Plant Health Inspection Service (APHIS) decides which commodity–origin combinations are allowed and under what conditions. Its Fruits and Vegetables Import Requirements database (FAVIR) is the starting point.
For each allowed combination, FAVIR lists the conditions of entry. These can include approved ports of entry, a required treatment (for example cold treatment or fumigation against fruit flies), a systems approach at origin, or preclearance inspection in the exporting country.
If the commodity is not listed for that origin, it cannot be imported until APHIS completes a market access process — which typically takes years, not weeks.
2. Meet the phytosanitary conditions
Most admissible fruit must travel with a phytosanitary certificate issued by the national plant protection organisation of the exporting country, and the certificate must include any additional declarations APHIS requires for that commodity.
On arrival, fruit is subject to agricultural inspection by US Customs and Border Protection and APHIS. If a pest of concern is found, the lot may need treatment, re-export or destruction — at the importer’s cost.
3. Check whether a marketing order applies
Under Section 8e of the Agricultural Marketing Agreement Act, certain imported commodities must meet the same grade, size, quality or maturity requirements as domestic fruit covered by a federal marketing order. Depending on the product, this can mean a USDA inspection certificate is required before release.
Fresh fruit covered by 8e includes oranges, grapefruit, table grapes, kiwifruit and avocados, among other products. The list can change — the 2018 Farm Bill, for example, created authority to extend 8e to imported cherries once domestic standards are in place — so check the current list with USDA’s Agricultural Marketing Service before committing to a specification.
4. Complete FDA requirements
- Prior Notice: FDA must receive prior notice of every food shipment before it arrives.
- Foreign Supplier Verification Program (FSVP): under the Food Safety Modernization Act, the US importer of record is generally responsible for verifying that foreign suppliers produce food in line with US safety standards, including the Produce Safety Rule where it applies.
- Facility registration: farms are generally exempt, but some packing and holding facilities must register with FDA. Confirm your supplier’s status.
FDA can detain or refuse shipments, and it maintains import alerts that can subject specific suppliers or products to detention without physical examination.
5. Understand PACA
The Perishable Agricultural Commodities Act (PACA) sets fair trading practices for fresh fruit and vegetables in the US. Businesses that buy or sell fresh produce above the statutory threshold in wholesale quantities, and commission merchants and brokers, generally need a PACA licence from USDA.
PACA also creates a statutory trust that protects unpaid sellers of fresh produce. For exporters selling into the US, understanding how to preserve trust rights — including the payment terms and notice requirements — is part of managing credit risk.
6. Clear customs
A licensed customs broker usually files the entry with CBP. For ocean shipments, Importer Security Filing (ISF, often called “10+2”) must be submitted before the cargo is loaded at the foreign port. Duties depend on the tariff classification and origin, and preferential rates may apply under trade agreements.
Country-of-origin labelling applies to fresh fruit sold at retail. Make sure packaging and labels meet the requirements before the fruit is packed.
7. Plan the commercial side as carefully as the regulatory side
Regulatory clearance is necessary but not sufficient. Many import problems are commercial: an Incoterm that leaves nobody responsible for the cold chain at a key point, payment terms that expose the seller, or a specification that does not match what the buyer expected.
- Agree the specification in writing, including tolerance on arrival.
- Choose Incoterms that reflect who controls freight and insurance.
- Define how arrival quality will be assessed and how claims are handled.
- Align documents — bill of lading, invoice, packing list, phytosanitary certificate — before the vessel sails.
Frequently asked questions
Do I need a PACA licence to import fruit into the US?
Many businesses that buy and sell fresh produce in wholesale quantities in the US need a PACA licence. Whether you need one depends on your activity and volume; confirm with USDA’s PACA Division.
Where can I check whether a fruit is allowed from a specific country?
USDA APHIS’s Fruits and Vegetables Import Requirements (FAVIR) database lists admissible commodity–origin combinations and their conditions of entry.
Can Frutta Group help with a US import program?
Yes. We help structure the commercial side of import programs into the US — sourcing, terms, documentation flow and follow-up — and work alongside your customs broker and logistics provider.