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Exporting soft drinks and other beverages from the US

Under the FD&C Act, food includes articles used for drink, so beverages follow the FDA's food export route. The FDA issues a Certificate to a Foreign Government for drinks legal in the US and a Certificate of Exportability for export-only ones, when a destination asks. Alcoholic drinks go to TTB. Most shipments need EEI.

Updated · Each section links to the official source it comes from

Treated as
Food under the FD&C Act
FDA certificate for US-legal drinks
Certificate to a Foreign Government
FDA certificate for export-only drinks
Certificate of Exportability
Fee
$175 for the first certificate (2022 schedule)
Dairy-based drinks
AMS Dairy Grading Branch certificates
Export declaration
EEI in the AES, above $2,500 per Schedule B line

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Does the destination ask for an export certificate, and which one? Read more
  2. 2Is the drink made to the buyer's specification and not for sale in the US? Read more
  3. 3Is it dairy-based, or alcoholic and so a TTB matter? Read more
  4. 4Does the shipment need EEI, and who files it? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

FDA export certificates for beverages

Food under the FD&C Act means articles used for food or drink for man or other animals (21 U.S.C. 321(f)); beverages are certified as conventional foods.

  • The FDA does not require export certificates; a destination may ask for official assurance that a product can be lawfully marketed in the US.
  • The Certificate to a Foreign Government covers conventional foods that meet the FD&C Act for marketing in the US.
  • The Certificate of Exportability covers conventional foods that cannot be legally marketed in the US but meet section 801(e) and may be legally exported.
  • The FDA fee schedule dated 15 September 2022 lists $175 for the first certificate, $155 for the second and $100 for each further certificate for the same products in the same request.
  • Applications go through HFP eCATS, with labels and documents in English or translated, and a clear link between the manufacturer and the products.

How we help: Compliant Always keeps each certificate with the shipment and lot it covers, dated, and reads it against what the destination asks for. Ask about this

Drinks made only for export

Section 801(e)(1) of the FD&C Act for food made to a foreign buyer's specification.

  • Food intended for export is not deemed adulterated or misbranded if it meets the foreign purchaser's specifications, does not conflict with the importing country's laws, is labelled on the outside of the shipping package as intended for export, and is not sold in domestic commerce.
  • The exporter keeps records showing each condition, such as a "For export only" label on the shipping package, for 3 years after exportation (21 CFR 1.101(b)).

How we help: Compliant Always keeps the buyer's specification and the export marking with each lot, dated, ready if the FDA asks. Ask about this

Dairy-based and alcoholic drinks

Where another agency certifies the product.

  • The AMS Dairy Grading Branch issues dairy sanitary certificates only for products made in plants on the IMS list, the EU dairy list or its own surveyed list.
  • The Dairy Grading Branch does not put claims such as kosher, halal or organic in the certificate's product description.
  • For alcoholic beverages, the FDA refers exporters to TTB.

How we help: Compliant Always keeps each agency's certificate with the consignment it names, and shows which shipments still lack one. Ask about this

Export declaration: EEI in the AES

Electronic Export Information filed in the Automated Export System, the export component of ACE, before the goods leave.

  • The EEI is filed through the AES by the US principal party in interest (USPPI), its authorised agent, or the authorised US agent of the foreign principal party in interest, for exports of physical goods, including orders received over the internet (15 CFR 30.2).
  • No EEI is needed where the value under one Schedule B or HTSUSA number, from one USPPI to one consignee on one conveyance, is $2,500 or less, unless a licence is required (15 CFR 30.37(a)).
  • Shipments to Canada are exempt, except goods stored in Canada for a third country or moving through Canada to one (15 CFR 30.36).
  • Filed before departure: 24 hours before loading for vessel cargo, 2 hours before departure for air cargo, 1 hour before a truck reaches the border (15 CFR 30.4).
  • Each line carries a 10-digit Schedule B or HTSUSA number and, where it applies, the ECCN or EAR99 (15 CFR 30.6).
  • Parties to the export keep its documents for five years from the date of export (15 CFR 30.10).

How we help: Compliant Always keeps the invoices, classifications and certificates behind each declaration with the shipment and lot, dated, and answers importers' questions from that record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterMeeting the importing country's laws, applying for certificates and, as USPPI, the EEI.Certificates and declarations kept with each shipment, with gaps shown before it leaves.
Manufacturer or bottlerBeing identified on the application, with an inspection report where the FDA has not inspected the facility.Inspection reports and labels kept with the product record.
Freight forwarder or customs brokerFiling EEI as the authorised agent.The commercial documents behind the filing, in one record.
Certifying authorityThe FDA for most drinks; AMS for dairy; TTB for alcohol.Each certificate read against what the destination asks for.

Where are the goods going?

Most of what soft drinks and other beverages have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do I need an export certificate to export beverages from the US?
Not under US law. The FDA does not require export certificates, but the destination may ask for one. The exporter is responsible for meeting the importing country's laws.
Are soft drinks and juices food for FDA export purposes?
Yes. The FD&C Act defines food as articles used for food or drink for man or other animals, and the FDA's food export certificates cover conventional foods.
Which FDA certificate do I need to export a drink sold in the US?
The Certificate to a Foreign Government, for conventional foods that meet the FD&C Act for marketing in the US, if the destination asks for one.
Can I export a drink that does not meet US rules?
Under section 801(e)(1), if it meets the buyer's specifications, does not conflict with the destination's laws, is marked as intended for export on the shipping package and is not sold in the US. The FDA can issue a Certificate of Exportability.
How much does an FDA certificate cost for beverages?
The FDA fee schedule dated 15 September 2022 lists $175 for the first certificate, $155 for the second and $100 for each further certificate for the same products in the same request.
Can wording be added to an FDA export certificate?
The standard attestation cannot be changed, but additional language may be requested on the Certificate to a Foreign Government and the Certificate of Exportability. The FDA may refuse it.
Who certifies dairy-based drinks for export?
The AMS Dairy Grading Branch, for products made in plants on the IMS list, the EU dairy list or its own surveyed list. It asks for at least 5 business days.
Who handles export documents for alcoholic drinks?
TTB, the Alcohol and Tobacco Tax and Trade Bureau. The FDA refers exporters of alcoholic beverages to it.
How long does an FDA food export certificate take?
Usually a few days, depending on the number of products, whether the application is complete and the FDA's workload. There is no expedited processing.
Do I need to file EEI to export beverages?
Yes, through the AES, unless an exemption applies, such as $2,500 or less under one Schedule B number to one consignee, or most shipments to Canada.
How does Compliant Always help with exporting from the US?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in the US and what your paperwork needs to show.

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