The following are exempt from Prior Notice requirements:
a) Meat food products, poultry products and egg products that are subject to the exclusive jurisdiction of the U.S. Department of Agriculture (USDA) and comply with the USDA rules and regulations
b) Food that was made by an individual in his/her personal residence and sent by that individual as a personal gift (i.e. for non-business reasons) to an individual in the United States. FDA recently expanded exemptions (or authorized enforcement discretion) to include all personal food shipments. These are shipments sent person to person for non-commercial purposes.
- Food in household goods, including military, civilian, governmental agency, and diplomatic transfers;
- Food purchased by a traveler and mailed or shipped to the traveler's U.S. address by the traveler;
- Gifts purchased at a commercial establishment and shipped by the purchaser, not the commercial establishment;
- Food contained in diplomatic pouches.
This does not include shipments sent from a retailer or distributor to an individual. Such shipments do require Prior Notice. (See also "Gift Baskets" below)
c) Samples of food for non-consumption valued below $200 have also been identified as exempt from PN requirements. This would include shipments clearly identified as samples destined for food manufacturers or testing labs, but would not include shipments to retailers or individuals.
The FDA has the sole authority to determine the scope of the covered commodities. Further details are available on the FDA Website