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The short answer
Two agencies are involved. USDA APHIS rules in 7 CFR 319.56 treat fresh plant parts eaten as food as "fruits and vegetables", which need an APHIS permit and must be on APHIS's list of authorised commodities from that country; dried, cured or processed items (but not frozen ones) are generally exempt from the permit. Separately, kola sold as food is an FDA-regulated food, so commercial shipments need prior notice and an FDA-registered facility.
Why kola sits awkwardly in the rules
Kola nut (obi) and bitter kola (orogbo) are seeds, eaten fresh, and central to hospitality and ceremony in many Nigerian homes. US rules do not have a category called "kola". They ask two questions: is this a plant product that could carry pests (APHIS), and is it a food (FDA)? The answers depend on the form you ship.
The APHIS side: fresh versus dried
Under 7 CFR 319.56-2, "fruits and vegetables" means fresh parts of plants intended for consumption or processing and not for planting. Fresh kola nuts eaten as food fall naturally into that wording, although the regulation does not name nuts in the definition and we found no APHIS determination on kola itself.
| Form | APHIS position under 7 CFR 319.56 | What to do |
|---|---|---|
| Fresh kola or bitter kola, for eating | Treated as fresh produce: import under an APHIS permit, and only if authorised for import from Nigeria | Check the APHIS commodity list before ordering |
| Dried, cured or processed | Exempt from the permit requirement (319.56-3(b)(1)(i)); 319.56-11 lists nuts among dried items that may enter without a permit or phytosanitary certificate | Confirm the product is in fact dried or processed; inspection still applies |
| Frozen | Not exempt; follows the general requirements and is held per part 305 | Treat as fresh for permit purposes |
| Seeds or nuts for planting | Outside the fruits and vegetables rules; plants for planting have their own rules | Do not ship for planting without checking those rules |
APHIS authorises a fresh commodity only where it has found the pest risks can be reasonably mitigated. Section 319.56-4 points to the comprehensive list on APHIS's import requirements site (acir.aphis.usda.gov). Search it for Cola and for Garcinia kola from Nigeria. If there is no entry, fresh nuts are not authorised from that country and a shipment can be refused.
Whatever the form, plant products are subject to inspection, treatment and reinspection at the port, and the owner pays most costs of treatment beyond regular hours. An entry can be refused if it arrives without required documents.
The FDA side: kola as food
If you are importing kola to sell, it is food under FDA rules. That means:
- The Nigerian facility that processes or packs the nuts must be registered with the FDA and name a US agent. Farms are exempt from registration, but a packing house that sorts and bags nuts is a facility.
- Every commercial shipment needs prior notice, confirmed at least four hours before arrival by air or eight hours by water. See how to file FDA prior notice.
- Packaged kola sold at retail needs an English label: common name, net quantity, ingredients if any, name and address, and "Product of Nigeria".
The FDA's Nigeria import alerts include 23-14 (mycotoxins) and 99-46 (filth). Mycotoxins come from moulds, so ask the supplier how the lot was dried and stored, and consider testing before shipment.
Claims change the rules
Bitter kola is widely promoted in Nigeria for health benefits. If your packaging or website says it treats or prevents a disease, the FDA will treat the product as a drug, and an unapproved one. Sell it as a food, with no disease claims. Our guide to herbal products and FDA risk explains where the line falls.
Bringing a small amount in your luggage
Travellers must declare plant products, including seeds and nuts, on arrival. CBP's guidance says undeclared prohibited items are confiscated and a first non-commercial offence can bring a civil penalty of up to $1,000, with higher penalties for commercial quantities. Prior notice does not apply to food carried for your own personal use. Declaring costs nothing; the officer decides whether the item can enter.
Duty: a worked example
Example only. You import 500 kg of dried kola at an entered value of $3 per kg, so $1,500. Since 24 July 2026, products of Nigeria carry a 12.5% Section 301 tariff unless an annex exemption applies. On $1,500 that is $187.50, added to whatever ordinary HTSUS duty rate your broker finds for the product. Because the value is under $2,500, an informal entry may be possible, but the FDA and APHIS requirements apply in full whatever the value.
Steps for a commercial order
- Decide the form: fresh, dried or processed.
- For fresh nuts, search the APHIS commodity list for kola from Nigeria and apply for a permit if it is authorised.
- Confirm the packer's FDA facility registration and US agent.
- Agree drying, storage and packing standards in writing, and ask for mycotoxin test results on the lot.
- Have your broker or forwarder file prior notice and the customs entry.
Where Pryme fits
Kola traders in Nigeria are usually paid in naira. A Pryme Business Account, opened from the US, holds USD and NGN with local details for each, and Swap shows the rate and fee before you approve. See business multicurrency accounts.
Questions people ask
Can I bring kola nuts into the US?
You must declare them. Officers decide at the border; fresh plant parts need APHIS authorisation for commercial import, and undeclared prohibited items are confiscated.
Do I need a permit to import dried kola nuts?
Dried, cured or processed fruits and vegetables are generally exempt from the APHIS permit, and nuts are listed among dried items. Inspection still applies.
Is bitter kola legal in the US?
Bitter kola can be imported as food if APHIS and FDA requirements are met. Selling it with claims to treat disease makes it an unapproved drug.
Where do I check if fresh kola is allowed from Nigeria?
The APHIS import requirements list at acir.aphis.usda.gov, which the regulation names as the official list of authorised commodities.
Sources
- eCFR: 7 CFR Part 319, Subpart L, Fruits and vegetables (current text) · accessed Oct 2026
- CBP: Bringing agricultural products into the United States (modified 1 May 2024) · accessed Oct 2026
- eCFR: 21 CFR Part 1, Subpart I, Prior notice of imported food (current text) · accessed Oct 2026
- eCFR: 21 CFR Part 1, Subpart H, Registration of food facilities (current text) · accessed Oct 2026
- FDA: Import alerts by country, Nigeria (posted 21 Oct 2026) · accessed Oct 2026
- Federal Register: USTR notice of actions in Section 301 investigations of various economies (28 Jul 2026) · 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.