APHIS has issued guidance to importers in response to a request for clarification on the definition of shelf stability and requirements for shelf stable products imported in a frozen or refrigerated state where the refrigeration or freezing is for the sole purpose of maintaining freshness or quality. Current guidance indicates that shelf stable products should not be labeled with a statement that implies refrigeration or freezing is required.
While this is still true, APHIS has clarified that products claiming to be shelf-stable must have had a process applied that renders the products free of micro-organisms capable of growing in the products under non-refrigerated conditions. In order to meet the shelf-stable exemption for food products for human consumption which contain egg ingredients, the label on the product should indicate that refrigeration or freezing is not required. Alternatively, in lieu of a product label, other documents (e.g., foreign government certification, manufacturer’s statement, etc.) must be presented at the time of importation to confirm the products do not require refrigeration or freezing.
If the product is frozen or refrigerated for shipping/quality/freshness purposes, the latter half of the preceding definition applies. The shipment should have documentation (label or other documentation as previously mentioned) to declare the shelf-stability as defined above. There should also be an indication that the reason for shipping frozen or refrigerated is for quality and/or freshness only.
