Bringing Food Into the United States – Tips for Travelers to Avoid Violations
All food items must be declared upon entry to the U.S.; many common foods are prohibited to protect agriculture, and failure to declare can lead to penalties.
Declaration Requirements for Food Items
All persons entering the United States are required to declare any and all agricultural and food products they are carrying to a U.S. Customs and Border Protection (CBP) Officer. This declaration is made on the CBP Declaration Form 6059B. The declaration requirement applies regardless of the origin of the food or its commercial or personal use status.
Important
It is a violation of U.S. law to fail to declare food items. "I didn't know" is not an acceptable defense. When in doubt, declare the item and let the CBP Officer make the determination.
Prohibited & Restricted Food Items
To prevent the introduction of dangerous plant pests and animal diseases, the United States restricts or prohibits the entry of many agricultural products. The following table outlines major categories.
| Food Category | General Status | Key Restrictions | Potential Risk | Permit Required? |
|---|---|---|---|---|
| Fresh Fruits & Vegetables | Generally Prohibited | Most are banned from most countries. Some may be allowed from certain countries with specific treatment. | Introduction of invasive insects, plant diseases. | Often, from USDA APHIS. |
| Meats & Poultry | Generally Prohibited | Most fresh, dried, and canned meats from affected countries are banned. | Foot-and-Mouth Disease, African Swine Fever, Avian Influenza. | Yes, with strict conditions. |
| Plants, Seeds, Soil | Strictly Controlled | Seeds for planting often prohibited. Soil is always prohibited. | Invasive plants, pathogens in soil. | Yes, for some seeds/cuttings. |
| Animal Products & Byproducts | Often Restricted | Includes sausages, jerky, dairy, eggs. Rules vary by product and country of origin. | Animal diseases. | Sometimes. |
Generally Allowed Food Items
Many commercially processed and packaged foods are admissible for personal use, provided they are declared and do not contain meat. This is not an exhaustive list.
Note on Packaging
Allowed items must be in their original, commercially sealed packaging. Homemade or repackaged items are subject to greater scrutiny and may be denied entry.
| Food Type | Admissibility Condition | Examples | Special Notes | Always Declare? |
|---|---|---|---|---|
| Bakery Items & Candy | Generally Allowed | Bread, cookies, crackers, chocolate, hard candy. | Cannot contain meat. Fruit-filled pastries may be restricted. | Yes |
| Oils & Vinegars | Generally Allowed | Olive oil, vegetable oil, balsamic vinegar. | Must be commercially bottled. | Yes |
| Spices & Condiments | Generally Allowed | Ground spices, mustard, ketchup, hot sauce. | Cannot contain seeds or plant materials in some cases. | Yes |
| Hard & Processed Cheeses | Allowed from most countries | Cheddar, Parmesan, processed cheese spreads. | Soft cheeses (like Brie, fresh mozzarella) are often prohibited. | Yes |
Inspection Process at the Port of Entry
Step 1: Declaration
Mark "Yes" on Question 11 of the CBP Declaration Form 6059B, which asks if you are carrying fruits, vegetables, plants, meats, animals, or animal/wildlife products.
Step 2: Secondary Inspection
A CBP or USDA Agricultural Specialist may direct you to secondary inspection for examination of your declared items. Have items easily accessible.
Step 3: Determination
The officer will determine if the item is admissible, requires treatment, or must be seized and destroyed. You will not be compensated for seized items.
Penalties for Violations
Civil and criminal penalties for failing to declare prohibited items can be severe. The following outlines potential consequences.
| Violation Type | Typical Action | Monetary Penalty | Legal Reference | Additional Consequences |
|---|---|---|---|---|
| Failure to Declare (First Offense) | Seizure of item; Written warning issued. | May include substantial fines. | 19 U.S.C. § 1497 | Increased scrutiny on future travels. |
| Failure to Declare (Repeat/Willful) | Seizure; Civil penalty assessed. | May include substantial fines. | 19 U.S.C. § 1592 | Potential criminal prosecution. |
| Introduction of Pest/Disease | Emergency actions; Seizure. | May include substantial fines and cost recovery. | 7 U.S.C. § 7714 | Liability for eradication costs. |
Legal Authority
U.S. Customs and Border Protection operates under authorities including the Tariff Act of 1930 and the Plant Protection Act. Penalties are enforced to protect U.S. agricultural and economic security.
Traveler Preparation Checklist
Before You Pack
- Check the USDA APHIS "Can I Bring It?" tool or contact them for your specific items.
- Apply for any necessary USDA permits well in advance of travel.
- Leave fresh fruits, vegetables, meats, and plants from your trip origin behind.
At the Port of Entry
- Complete the CBP Declaration Form accurately and honestly.
- Mark "YES" for food/agricultural products.
- Pack declared food items together for easy inspection.
- Present all declared items to the CBP Officer upon request.
Frequently Asked Questions (FAQ)
Do I have to declare food when entering the U.S.?
A. Yes. All travelers must declare any food items they are bringing into the United States on their CBP Declaration Form (6059B). Failure to declare can result in penalties.
What food items are generally prohibited?
A. Most meats, fresh fruits and vegetables, and plants are prohibited from entering the U.S. without specific permits due to the risk of introducing pests and diseases.
Are commercially packaged snacks allowed?
A. Many commercially packaged, processed snacks like cookies, crackers, and candies are allowed for personal use, but they must still be declared for inspection.
Can I bring cheese or dairy products?
A. Hard, aged cheeses are generally permitted. Soft cheeses and most dairy products from countries with risk of Foot-and-Mouth Disease are prohibited. Always declare these items.
What happens if I don't declare a food item?
A. Failure to declare prohibited agricultural items can lead to seizure of the item, and penalties may include substantial fines.
Can I bring food as a gift?
A. The same rules apply whether food is for personal use or as a gift. Prohibited items cannot be brought in, and all items must be declared.
Where can I get a permit for a restricted item?
A. Permits are issued by the USDA Animal and Plant Health Inspection Service (APHIS). Applications must be submitted in advance of travel.
Who should I contact for specific questions?
A. Contact the USDA APHIS Passenger Inspection program or U.S. Customs and Border Protection (CBP) for questions about specific food items.
Official U.S. Government Resources
- U.S. Customs and Border Protection (CBP): "Know Before You Go" Traveler Information
- USDA Animal and Plant Health Inspection Service (APHIS): "Travelers" Information Page
- APHIS "Can I Bring It?" Tool: Online search tool for agricultural items
- Centers for Disease Control and Prevention (CDC): Restrictions on Bushmeat and Other Products
Disclaimer
This guide provides general information for travelers. Regulations are subject to change. The final determination on the admissibility of any item rests with the CBP Officer at the port of entry. Travelers are responsible for knowing and complying with all applicable U.S. laws and regulations, including those found in 7 CFR (Agriculture) and 19 CFR (Customs Duties). This information does not constitute legal advice.