The short answer

Chips and snacks are processed foods, so FDA expects a proper food safety plan and a carefully built Nutrition Facts label.

RequirementWhat it meansWho
FDA food facility registrationEvery facility that makes, packs or holds the food for the US registers with FDA and renews every two years (Oct–Dec of even years)Your facility
U.S. AgentForeign facilities name a U.S. Agent on the registrationYour facility
FDA-compliant labelEnglish label, ingredients, Nutrition Facts, allergens, net quantity, responsible businessYour facility / brand
Food safety planPreventive controls plan prepared or overseen by a PCQI (or Form 3942a if you qualify)Your facility
Prior NoticeFiled with FDA before every shipment arrivesExporter, importer, broker or Orionex
FSVPThe US importer verifies your food safetyFSVP importer (your buyer or Orionex)

Food safety plan and PCQI

Most snack facilities follow the Preventive Controls for Human Food rule: a written hazard analysis and preventive controls — for example allergen controls for seasonings, sanitation controls, and controls on frying or baking. The plan is prepared or overseen by a PCQI. Very small businesses may qualify for modified requirements — see Form FDA 3942a.

Label points for snacks

Acrylamide: no legal limit

Acrylamide forms when starchy foods are fried or baked at high temperatures. FDA's 2016 guidance gives practical ways to reduce it, but does not set a maximum or action level. Buyers may still ask what you do to keep it low.

Example

A plantain chip maker in Ecuador or Colombia registers with FDA and names a U.S. Agent. Its PCQI writes a food safety plan with frying and allergen controls. The label uses the correct serving size for chips, names the oil and seasonings, and declares milk from a cheese seasoning. The US importer receives the food safety documents for its FSVP file.

Step by step: getting your snacks and chips into the US

  1. 1Register your facility with FDAEvery facility that makes, packs or holds the product for the US registers, and renews between October 1 and December 31 of each even-numbered year. Foreign facilities name a U.S. Agent.
  2. 2Make the label US-readyEnglish text, the right name, ingredients, the correct facts panel, allergens, net quantity and the responsible business — plus the product-specific points above.
  3. 3Agree the import roles with your buyerWho is the importer of record, who is the FSVP importer, and which customs broker files the entry. See who does what.
  4. 4Send your food safety documentsYour FSVP importer needs evidence that hazards are controlled — food safety plan, certificates, test results.
  5. 5File Prior Notice for every shipmentFDA must receive it before arrival — at least 8 hours by sea, 4 hours by air or rail, and 2 hours by road.

Checklist

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Frequently asked questions

Do snack makers need a food safety plan?

Most registered snack facilities follow FDA’s Preventive Controls for Human Food rule, which requires a written food safety plan prepared or overseen by a PCQI. Very small businesses may qualify for modified requirements using Form FDA 3942a.

Is there an FDA limit for acrylamide in chips?

No. FDA’s 2016 guidance on acrylamide gives ways to reduce it but does not set a maximum or action level.

How do I choose the serving size on a snack label?

Serving sizes on the Nutrition Facts label are based on FDA’s reference amounts customarily consumed (RACCs) for the product category, not on your own choice. Check the RACC table for your snack type.

Which allergens matter most for snacks?

Common ones are wheat, milk, soy, peanuts, tree nuts and sesame — often from seasonings and coatings, or from shared lines. Every major allergen present must be declared.

Who files Prior Notice for my shipments?

Anyone with the required information can file it — the exporter, the US importer, the customs broker or a consultant such as Orionex. It must reach FDA before the shipment arrives: at least 8 hours by sea, 4 hours by air or rail and 2 hours by road.

Sources

Dates, fees and regulation numbers checked against FDA and Federal Register sources on November 8, 2026. This article is general information, not legal advice.

✅ Get registered: FDA food facility registration + U.S. Agent + Orionex Certificate of Registration from $300 per year ($450 for 2 years). Label review from $250. See food facility registration →