If your Miami business has an FDA question that cannot wait — an import compliance program, an inspection, a deadline — start with what the rules actually require. Miami is the principal port of entry for the southeastern United States — PortMiami and Miami International Airport together move a huge share of the country’s waterborne and air cargo, and the businesses that import, distribute and market FDA-regulated products across the Americas run their operations from here. More FDA-regulated freight crosses this city than almost any other American market. Whether the issue is a detained container at PortMiami, a labeling question before a product launch, or a registration deadline, Miami companies need FDA counsel that works at the port’s pace.
The short answer
Import compliance for FDA-regulated products means getting registrations, listings, labeling, supplier verification and entry data right before the shipment moves — because every error surfaces at the border, where it costs the most. A compliance program built by counsel who works both FDA and CBP requirements is the cheapest insurance an importer can buy.
What an import compliance program really involves
Importers of food, dietary supplements, cosmetics, drugs and medical devices answer to two agencies at once. FDA requires facility registrations and product listings — biennial food facility registration, drug and device establishment registration and listing, cosmetic facility registration and product listing under MoCRA — plus prior notice for food, compliant labeling, and for most food importers a documented Foreign Supplier Verification Program (FSVP).
CBP, meanwhile, demands accurate classification, valuation and country-of-origin declarations under the importer’s duty of reasonable care, and enforces partner-agency data filed through ACE at entry. Errors on either side produce detentions, entry rejections, FSVP inspection findings, penalty exposure under 19 U.S.C. § 1592 — and, repeated often enough, an import-alert listing.
Compliance counsel builds the system that prevents all of that: supplier qualification and verification files that survive an FDA inspection, labeling reviews before production runs, correct product coding and affirmations of compliance at entry, broker oversight, and internal procedures so growth in volume does not mean growth in violations.
How Garg Law handles it
- Gap assessment across FDA registrations, listings, labeling, FSVP files and CBP entry practices
- Remediation plan ranked by enforcement risk — what FDA and CBP actually act on first
- Supplier verification build-out: qualification, verification activities and the records inspections test
- Labeling and claims review before goods are produced, not after they are detained
- Broker instructions, entry-data protocols and periodic audits that keep the program current as products and suppliers change
Why Miami importers call us
The work around Miami — international trade companies, food and beverage importers, cosmetics and consumer brands, medical and pharmaceutical distributors, logistics and freight networks — is FDA-regulated at nearly every turn, and matters here move on the gateway city — PortMiami, Miami International Airport and the headquarters of hemispheric trade. Garg Law's Miami office is at 1221 Brickell Avenue, and the practice was built for exactly this market: founder Shelly Garg spent years counseling importers at the world's largest dedicated international trade law firm before opening her own, and works at the crossroads of FDA and CBP compliance for foreign and domestic companies across the food, beverage, supplement, cosmetics, OTC drug and medical device industries.
What not to do
- Assuming the broker or the foreign supplier “handles FDA” — legally, the importer owns it
- Entering food with no FSVP importer identified, or an FSVP file that is a folder of certificates
- Copying a competitor’s label and inheriting its violations
- Letting registrations lapse in the renewal windows and shipping into automatic holds
- Scaling volume with no one auditing what is actually filed in ACE under your bond
Frequently asked questions
What does “reasonable care” mean for an importer?
It is the legal standard CBP holds importers to for classification, valuation, origin and admissibility declarations. Falling short supports negligence penalties under 19 U.S.C. § 1592 — and written advice from qualified counsel is a recognized pillar of demonstrating reasonable care.
What does FDA check on every import entry?
The electronic screen tests entry data against FDA records: product codes, affirmations of compliance, facility registrations, listings, prior notice for food. Data that does not verify draws holds regardless of whether the underlying product is compliant — entry discipline is compliance.
How often should an import compliance program be audited?
At least annually, and whenever products, suppliers or volumes change materially. Supplier files need reevaluation on defined cycles, and entry-data audits routinely surface broker errors filed under your bond that no one inside the company had seen.
Can good compliance actually reduce FDA screening of my entries?
Yes. FDA’s screening weighs compliance history — clean entries, accurate product codes and affirmations, and resolved issues lower your risk profile over time, which means fewer exams and faster releases. Programs like the Voluntary Qualified Importer Program can formalize that advantage for food importers.
We use a great customs broker — do we still need import counsel?
Brokers execute entries; counsel owns the legal architecture behind them — registrations, verification programs, labeling, penalty defense and the written advice that evidences reasonable care. The strongest import operations in Miami run both, in coordination.