NOTE: For our purpose, import and export will be defined as a transaction between two
countries (as opposed to two places). The destination of the end product may in some cases
determine the inspections required.
Import is the act of bringing into a country a commodity from another country or place
for sale or exchange.
Export is the act of sending a commodity to another country or place for sale or
exchange.
Approximately 33 countries are eligible to export meat, poultry, or eggs to the United States,19
and FSIS inspected over 4.3 billion pounds of meat and poultry products in 2018.20 According to
a report from the Congressional Research Service, for fiscal year 2018, Congress appropriated
approximately $1.057 billion to FSIS, of which $943.8 million was for federal food safety
inspection and $16.8 million was for international inspections.21
Under federal law, countries that export meat, poultry, or egg products to the United States must
impose inspection requirements that are equivalent to U.S. requirements.22 Imported meat
products are to be treated as “domestic” product upon entry into the United States.23 All meat
products imported into the United States must bear the country of origin on the labeling of the
original container in which they are shipped.
If an imported meat product is intended to be sold intact, then it must remain in its original
packaging (with the country of origin and foreign establishment number on the label) to the point of consumer purchase. For example, canned ham imported from Denmark and sold intact would
bear the label “Product of Denmark.”
If imported meat is removed from its original container and packaging and is cut or processed in
any way in the United States, the resultant product does not need to bear country-of-origin
labeling. For example, ham salad made from imported Danish ham does not need to bear a label
identifying the country of origin of the ham. The labeling requirements for the resultant product
are the same as for domestic product.
In March 2009, the Country of Origin Labeling rule (COOL) went into effect.24 Under COOL,
retailers such as supermarkets must provide customers with information about the country of
origin of muscle cut and ground chicken, lamb, and goat, as well as other non-meat or poultry
products.25 As of March 2016, retailers do not need to provide this information for beef and pork
muscle cuts and ground beef and pork.26 For more information on COOL, see Section XII.F
Country of Origin Labeling.
Additional requirements or prohibitions may be made on the importation of various products into
the United States or export of meat products from the United States to other countries. For
example, meat from cattle being imported from Canada into the United States must be tested for
BSE.
FSIS has written a draft of a compliance guide for importers and others on importing
meat and related products: FSIS, Importing Meat, Poultry, and Egg Products into the
United States (July 7, 2017), https://www.fsis.usda.gov/wps/wcm/connect/415278f6
9c67-4641-bf92-8aafb90e2ac0/Guidance-for-Importing-Meat-Poultry-Egg-Products-into
US.pdf?MOD=AJPERES.
Detailed requirements in concerning imports and exports are contained in Title 9 of the
Code of Federal Regulations. Specifically, see Part 327 (Sections 327.1-.26) (for meat
imports), Subpart T of Part 381 (Sections 381.195-.209) (poultry imports), Sections
590.900-.970 (imports of egg products), and Part 322 (Sections 322.1-.5) (exports).
FSIS has also issued a number of directives to its staff concerning imports and exports.
Directives generally provide instructions to FSIS inspectors. These directives are
available at 9,000 Series: Exports and Imports, FSIS,
https://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/directives/9000-series.
For the specifics of import and export, farmers are encouraged to consult with the New
York State Department of Agriculture and Markets and the USDA.
If you import food products besides meat, poultry, or eggs from amenable species, certain rules
enacted to implement the Food Safety Modernization Act (FSMA) address imports and will be
relevant. In particular, the rule on Foreign Supplier Verification Programs requires food importers to have a program to verify that foreign suppliers are producing food in a safe manner.27 This rule does not apply to imported meat, poultry, or egg products that are under
USDA jurisdiction.28
For more information, see FSMA Final Rule on Foreign Supplier Verification Programs
(FSVP) for Importers of Food for Humans and Animals, FDA,
https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-foreign
supplier-verification-programs-fsvp-importers-food-humans-and-animals, and Food
Safety Modernization Act (FSMA), FDA, https://www.fda.gov/food/guidance-regulation
food-and-dietary-supplements/food-safety-modernization-act-fsma.
