Introduction
Agricultural imports play a vital role in keeping America’s food supply diverse and affordable. From tropical fruits to specialty plants, the United States relies heavily on global agricultural trade. Yet, importing agricultural products comes with one major challenge: compliance with U.S. Department of Agriculture (USDA) and U.S. Customs and Border Protection (CBP) regulations.
Even the smallest documentation mistake or permit oversight can trigger a USDA hold, causing costly storage, spoilage, or demurrage fees. In this article, we’ll show you how to avoid those pitfalls and keep your agricultural shipments moving smoothly across the border.
Who Regulates What?
Agricultural imports are controlled by several agencies, each focused on protecting U.S. agriculture and public health:
- USDA : Animal and Plant Health Inspection Service (APHIS):
- Oversees plant and animal health to prevent pests and diseases from entering the country. APHIS requires specific permits and phytosanitary certificates for regulated products.
- APHIS Import Guidance
- USDA – Food Safety and Inspection Service (FSIS):
- Regulates the import of meat, poultry, and egg products to ensure safety and labeling compliance.
- FSIS Import Guidance
- U.S. Customs and Border Protection (CBP):
- Performs the primary inspection at ports of entry and enforces compliance with USDA rules in cooperation with APHIS.
- CBP Agriculture Program
Together, these agencies form the first line of defense against invasive pests, plant diseases, and unsafe food imports.
What Triggers USDA Holds or Delays?
A “USDA hold” can occur for a variety of reasons, but the most common include:
1. Missing or Incorrect Permits
Products such as seeds, live plants, or soil require a USDA APHIS permit. If missing or incomplete, the shipment is held until the importer submits the proper documentation.
2. Incomplete or Wrong Documentation
Failure to file the APHIS Core Message Set electronically in ACE (Automated Commercial Environment) leads to delays. Importers must ensure their broker submits all required data in advance.
3. Commodity Not Authorized
Some agricultural products from certain countries are not approved for import due to pest or disease concerns. Always verify eligibility in the Agricultural Commodity Import Requirements (ACIR) database before shipping.
4. Non-Compliant Packaging
Wood packaging materials must meet ISPM 15 standards and display the proper stamp. Untreated or unmarked wood often leads to re-export or destruction of the shipment.
5. Undeclared or Mislabeled Products
Even small undeclared items like seeds, fruits, or soil samples can lead to inspection and fines. Transparency is essential in customs declarations.
How to Avoid Border Delays
Here’s a practical checklist importer should follow to stay compliant and efficient:
1. Verify Commodity Eligibility Early
Before purchasing or shipping any agricultural product, confirm if it’s authorized for import from its country of origin using the ACIR database.
2. Secure the Necessary Permits
Obtain all required permits and phytosanitary certificates in advance. APHIS permits can take several weeks to process.
3. Submit Electronic Data Correctly
Ensure your broker files the APHIS Core Message Set with CBP prior to arrival. This allows faster clearance and reduces manual inspections.
4. Maintain Accurate Descriptions
Provide detailed product information, including species, scientific names, and treatment details, on all documentation.
5. Check Packaging Compliance
All wood materials must follow ISPM-15 requirements. If your shipment includes pallets or crates, verify that they have been heat-treated and stamped.
6. Prepare for Inspections
If inspection is required, have your cargo accessible and ensure all paperwork (permits, invoices, certificates) is on hand.
7. Work with Experienced Brokers
Partnering with a licensed customs broker like Stile Associates ensures that your entries meet USDA, APHIS, and CBP regulations.
The Real Cost of Delays
Even short delays can become expensive quickly:
- Demurrage and storage fees: When cargo remains at the terminal beyond free time.
- Spoilage: Especially critical for perishable goods such as fruits, flowers, and vegetables.
- Re-export or destruction: If products fail inspection or are non-compliant.
- Lost market value: Missing retail windows or contract deadlines can severely impact profitability.
According to the U.S. Government Accountability Office (GAO), coordination gaps between CBP and APHIS have caused clearance inefficiencies in several ports, making importer preparedness more crucial than ever.
GAO Report on Agriculture Import Oversight (2021)
Recent Updates Importers Should Know
- Mandatory ACIR Use (October 2024):
- USDA now requires all importers and brokers to use the Agricultural Commodity Import Requirements (ACIR) system for regulated commodities.
- 👉 USDA ACIR Announcement
- Electronic Phytosanitary Certificates (ePhyto):
- Many countries now transmit certificates digitally via ePhyto exchange, reducing paperwork errors.
- Wood Packaging Crackdowns:
- APHIS has increased enforcement on non-compliant wood packaging materials under 7 CFR 319.40, with penalties for importers.
Stile Associates: Your Partner in Agricultural Import Compliance
At S.J. Stile Associates, we’ve been guiding importers through complex USDA and CBP requirements since 1968.
Our team ensures your agricultural shipments clear efficiently by:
- Reviewing commodity eligibility before shipping
- Managing USDA and APHIS permit submissions
- Verifying documentation accuracy and message set filing
- Coordinating with CBP and inspection agencies
- Minimizing demurrage and storage risks
With offices in New York, Miami, and Los Angeles, Stile offers nationwide coverage and decades of expertise in agricultural import compliance.
Contact Stile Associates today to streamline your next shipment:
References
- U.S. Department of Agriculture – APHIS Plant Import Guidance
- U.S. Department of Agriculture – FSIS Import Guidance
- U.S. Customs and Border Protection – Protecting Agriculture
- U.S. Government Accountability Office – GAO Agricultural Oversight Report
- USDA Announcement – Mandatory ACIR Implementation
Frequently Asked Questions (FAQ)
1. What is a USDA hold?
A USDA hold means your shipment is being inspected for possible violations related to agricultural regulations or missing documentation.
2. How long does a USDA inspection take?
It varies. Some inspections clear in a few hours, while others take several days depending on the product type and permit requirements.
3. Can I import plants or seeds for resale?
Yes, but you must obtain an APHIS import permit and a phytosanitary certificate from the country of origin.
4. What happens if my wood pallets lack the ISPM 15 mark?
The shipment may be refused entry, re-exported, or destroyed at your expense.
5. How can a customs broker help?
Brokers like Stile Associates ensure that all data is correctly filed and that you meet every USDA and CBP requirement before the shipment arrives.
