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The short answer
Every shipment of food from Nigeria that is not for your own personal use needs prior notice filed with the FDA, and confirmed, before it arrives: at least 4 hours before arrival by air, 8 hours by sea, and before posting for international mail. Food with no notice, late notice or wrong notice can be refused and held at the port at the importer's cost, under 21 CFR Part 1, Subpart I.
What prior notice is and when it applies
Prior notice is an advance electronic message telling the FDA what food is coming, who made it, who is sending and receiving it, and how and when it will arrive. The rules sit in 21 CFR Part 1, Subpart I. They apply to food for people and animals imported for use, storage, distribution, gifts, trade, samples, transshipment or future export. In practice that covers every carton of garri, ogbono, crayfish, palm oil, spice or snack you ship from Lagos to sell, sample or store in the US.
The regulation lists a small set of exclusions. The ones that matter to Nigerians abroad are:
- food for your own personal use that travels with you when you arrive;
- food an individual made at home and sends as a non-business gift to someone in the US;
- food that is imported and exported again without leaving the port of arrival; and
- meat, poultry and egg products that fall under USDA's exclusive jurisdiction.
Food carried by a person that is not for personal use is covered. A suitcase of stockfish or pepper soup spice bought to resell in your shop needs prior notice even though it came on your flight. If you are setting up the business side as well, read FDA rules for importing Nigerian foodstuff first.
The deadlines by mode of transport
Under section 1.279, notice must be submitted and confirmed by the FDA before the food reaches the port. The minimum lead times are:
| How the food arrives | Notice confirmed at least | Earliest you can file |
|---|---|---|
| Air cargo or courier | 4 hours before arrival | 15 days before (PNSI) or 30 days (ABI/ACE) |
| Ocean freight | 8 hours before arrival | 15 days before (PNSI) or 30 days (ABI/ACE) |
| Road | 2 hours before arrival | as above |
| Rail | 4 hours before arrival | as above |
| International mail | before the parcel is sent to the US | no window stated |
Notice only counts once the FDA confirms it and issues a Prior Notice Confirmation Number. That number must travel with international mail and with food notified through the FDA's own system, and a copy must accompany food carried by a person.
How to file: PNSI or your customs broker
There are two routes. Customs brokers usually file through CBP's ACE system (the regulation calls it ABI/ACE/ITDS) as part of the entry. Anyone else can file directly in the FDA's Prior Notice System Interface (PNSI). The regulation says any person with the required information may submit, and a separate transmitter can send it on their behalf, so a Lagos supplier, a freight forwarder, a broker or you can file.
What the notice must contain
Section 1.281 lists the information. For a normal commercial shipment you need:
- submitter and transmitter details, entry type and the CBP entry identifier if one exists;
- the product: FDA product code, common name (for example "cassava flakes (garri)"), quantity, and lot or code numbers where required;
- the manufacturer, and its food facility registration where it must register, or the grower for raw produce;
- the FDA country of production (Nigeria), the shipper if different, and the country the food ships from;
- the anticipated port, date and time of arrival, or the express carrier tracking number;
- the importer, owner if different, and the ultimate consignee in the US;
- mode of transport, carrier code, and shipment details such as air waybill, bill of lading, flight, vessel or container numbers; and
- any country that has refused entry to the food.
For international mail, the notice also needs the expected mailing date and the US recipient's name and address. From 1 October 2026, the mail service name and tracking number are also required.
Changes after you file
If key information changes after confirmation, you must submit again unless the food will no longer be imported. A change only to quantity, arrival details or planned shipment details does not by itself require a new notice. Cancel unused notices in PNSI or ask CBP to cancel the entry in ACE.
What happens if notice is missing, late or wrong
Section 1.283 lets the FDA refuse admission if notice was not given, was inaccurate or was late. The consequences are practical and expensive:
- refused food is held at the port, or moved under custodial bond to a secure place the FDA has been told about, as general order merchandise;
- it cannot be delivered to you, the owner or the consignee until the FDA has reviewed an adequate notice;
- neither the FDA nor CBP pays storage or handling costs;
- you have 10 calendar days from the refusal notice to resubmit, and 5 calendar days to ask the FDA for a review;
- international mail with inadequate notice or no confirmation number is held by CBP for 72 hours, then may be returned or destroyed; and
- food carried by a traveller that is not for personal use may be destroyed if no holding or export is arranged before the traveller leaves the port.
Importing food in breach of these rules is also a prohibited act under section 301(ee) of the Food, Drug, and Cosmetic Act, which opens the door to injunctions, prosecution and, for certain felony convictions or a pattern of adulterated imports, debarment. Separately, food from a foreign facility that should be registered but is not can be held under section 801(l) until it registers.
Worked example
Example: a 300 kg air cargo consignment of garri, elubo and dried pepper leaves Lagos on a Tuesday night and is due at JFK at 14:00 on Wednesday. The latest the notice can be confirmed is 10:00 on Wednesday, four hours before arrival. Filing through PNSI is allowed up to 15 days before arrival. A sensible broker files as soon as the air waybill number is known, on Tuesday, so any error can be fixed before the plane lands.
Steps for each shipment
- Confirm the Nigerian producer has a valid FDA food facility registration number; registrations renew between 1 October and 31 December of each even-numbered year, including 2026.
- Collect the product names, FDA product codes, quantities and lot codes from the supplier's invoice and packing list.
- Decide who files: your broker in ACE, or you or your forwarder in PNSI.
- File once the air waybill or bill of lading is issued and keep the confirmation number with the shipping documents.
- For questions about a live shipment, the FDA lists its Division of Targeting and Analysis on 571-468-1488, around the clock.
Where Pryme fits
Prior notice is the FDA's business, but the paperwork around it is yours. A Pryme Business Account, opened from the US, holds USD and NGN with local details for each, so you can collect US sales in dollars and pay the Lagos supplier in naira with Swap; the app shows the rate and the fee before you approve. A verifiable receipt from VerifyDoc.ai can back up the invoice your broker files against. See business multicurrency accounts.
Questions people ask
Do I need FDA prior notice for food in my suitcase?
Not if it is for your own personal use and travels with you. If you are bringing it to sell, sample or give out for business, it is covered and needs a confirmed notice.
How much does it cost to file prior notice?
The regulation does not set an FDA fee for prior notice. Customs brokers and forwarders who file for you charge their own fees, so ask for a written quote.
How long before arrival must prior notice be filed for air freight?
It must be confirmed at least 4 hours before arrival by air. By ocean it is 8 hours, by road 2 hours and by rail 4 hours.
Can my supplier in Nigeria file prior notice?
Yes. Any person with the required information may submit it, through PNSI or through a transmitter. Make sure you receive the confirmation number.
Sources
- eCFR: 21 CFR Part 1, Subpart I, Prior notice of imported food (current text) · accessed Oct 2026
- FDA: Prior notice of imported foods (PNSI and Division of Targeting and Analysis contact) · accessed Oct 2026
- eCFR: 21 CFR Part 1, Subpart H, Registration of food facilities (current text) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.