Filers must use ACE to file shipments regulated by the Food and Drug Administration (FDA)

                          The U.S. Food and Drug Administration (FDA) is responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation. Starting June 15, 2016, FDA will also require electronic transmission of data and new data elements to be reported as well.

                          Effective May 30, 2017, there are additional FDA data required for food importation to comply with the Foreign Supplier Verification Program (FSV) under the Food Safety Modernization Act (FSMA). For each food product offered for importation into the US, the following information must be included for the US owner or consignee: DUNS number; Company Name and Address; Contact email and Optional additional elements. In the absence of a U.S. owner or consignee, the importer must provide the information for an agent or representative. For more details and exemptions, please visit FSMA and read our FAQ document.


                          What’s changing under ACE

                          When ACE came into effect, data is no longer accepted via ACS; all electronic data must be transmitted through ACE.

                          New required data elements concerning FDA regulated products include government agency processing codes to tell the FDA more about the item’s product category; Affirmations of Compliance, to help screen products; and intended use statements, to help identify a products’ end-use.

                          These additional requirements will allow FDA’s reviewing system, PREDICT, to expedite the screening of FDA imported products by determining which entries are higher and lower risk. Lower risk shipments will receive “MAY PROCEED” without FDA examination status while higher risk shipments may require further “FDA REVIEW”.


                          Looking for more detailed information?

                          FDA government agency processing codes
                          FDA Affirmations of Compliance
                          FDA Intended Use
                          FDA data elements guide


                          The right product data. At the right time.

                          Under ACE, it’s imperative that you provide your customs broker with the right FDA-related information to ensure your information is captured correctly – and your shipments meet their ACE obligations.

                          Livingston has developed a series of forms that can be used by new and existing clients to set up a proper database. This process only needs to be done once at the initial setup stage to ensure ongoing compliance. Be proactive. Start your ACE compliance today!

                          FDA – Biologics
                          FDA – Electronics
                          FDA – Medical Devices
                          FDA – Cosmetics
                          FDA – Food
                          FDA – Tobacco
                          FDA – Dietary Supplements
                          FDA – Food Related Items
                          FDA – Veterinary
                          FDA – Drugs


                          Trust the FDA experts at Livingston

                          No one understands the FDA’s import requirements better than Livingston. With a dedicated FDA compliance team and a full staff of U.S. regulatory affairs experts, we know the FDA inside and out.

                          In addition, we’ve spent months getting ACE-ready. Our people, processes and technology are in place and ready to support existing and new clients, whatever their FDA or ACE needs.

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