The short answer
Chips and snacks are processed foods, so FDA expects a proper food safety plan and a carefully built Nutrition Facts label.
| Requirement | What it means | Who |
|---|---|---|
| FDA food facility registration | Every 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. Agent | Foreign facilities name a U.S. Agent on the registration | Your facility |
| FDA-compliant label | English label, ingredients, Nutrition Facts, allergens, net quantity, responsible business | Your facility / brand |
| Food safety plan | Preventive controls plan prepared or overseen by a PCQI (or Form 3942a if you qualify) | Your facility |
| Prior Notice | Filed with FDA before every shipment arrives | Exporter, importer, broker or Orionex |
| FSVP | The US importer verifies your food safety | FSVP 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
- Serving size must follow FDA's reference amounts (RACCs) for the product category — this is one of the most common snack label errors.
- Ingredients — name the frying oil and every seasoning component; “spices” and “flavors” have their own rules.
- Allergens — wheat, milk, soy, peanuts, tree nuts and sesame often come from seasonings, coatings or shared lines.
- Claims — words like “healthy”, “low fat” or “gluten-free” have FDA definitions. Use them only if the product meets them.
- Color additives must be permitted in the US — note that Red No. 3 is banned in food from January 15, 2027.
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
- 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.
- 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.
- 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.
- 4Send your food safety documentsYour FSVP importer needs evidence that hazards are controlled — food safety plan, certificates, test results.
- 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
- FDA registration and U.S. Agent in place
- Food safety plan by a PCQI (or Form 3942a if eligible)
- Serving size from FDA reference amounts; oil and seasonings named
- All allergens declared, including from seasonings and shared lines
- Claims and color additives checked against US rules
- Prior Notice for every shipment; FSVP documents for your importer
Tell us your product — we send your US requirements in writing, free.
🏢 No U.S. company to act as FSVP importer? Orionex offers an FSVP importer service for food and dietary supplements — from $80 per shipment, with the program and Qualified Individual included.
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
- FDA — Registration of Food Facilities and Other Submissions
- FDA — Prior Notice of Imported Foods
- FDA — FSVP Final Rule At-A-Glance
- FDA — Import Alerts (search by product, country and firm)
- FDA — Food Labeling: Serving Sizes of Foods (guidance)
- FDA — Guidance for Industry: Acrylamide in Foods (March 2016)
- FDA — Food Allergen Labeling Guidance: Frequently Asked Questions
Dates, fees and regulation numbers checked against FDA and Federal Register sources on November 8, 2026. This article is general information, not legal advice.