FDA Prior Notice for Food Samples and Trade-Show Goods

Food samples need FDA Prior Notice. FDA states there is no exemption for small size or value, research and development samples or test-marketing samples, and the rule expressly covers quality-assurance samples. Trade-show food is covered as food for gifts and trade unless a 21 CFR 1.277(b) exemption applies.

Exempt (21 CFR 1.277(b))

• Food carried by an individual for personal use
• Homemade, non-business gifts sent person to person
• Food imported and then exported without leaving the port
• Meat, poultry and egg products under USDA's exclusive jurisdiction
• Diplomatic bags

Not exempt

• Commercial samples, even free and small
• Bought (not homemade) gifts
• Trade-show displays and tasting stock

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General information, not legal advice. Last reviewed October 21, 2026.