Certificates of Free Sale

 

What are Certificates of Free Sale?

Certificate of Free Sale are documents that indicate to recipients of an export product that the particular product(s) is marketed in the United States and eligible for export, and that the particular manufacturer does not have unresolved regulatory enforcement actions. Some foreign countries require such a document for entry of foreign products. 

To whom can NDA issue a Certificate of Free Sale?

NDA will issue Certificates of Free Sale for companies involved in the export of products for products that are manufactured/processed in Nebraska. NDA will issue Certificates of Inspection and Free Sale for products manufactured/processed in Nebraska and regulated by NDA through state statutes or through its cooperative agreements with federal agencies, such as the Food and Drug Administration or the Animal and Plant Health Inspection Service of USDA. This mainly includes human food processors and animal food (feed) processors in the state. 

What information do I need to provide when requesting a Certificate of Free Sale? 

The following information must be included on the [Certificate of Free Sale Request Form]:

  • Identification and contact information for the person making the request;
  • Identification of the licensed, registered or permitted manufacturer of the product(s);
  • Information on where the certificate(s) should be sent once completed;
  • The type of certificate requested and name of company the product is licensed through.
Also required is a Word document containing the following information:
  • Product list including a product description and an item code;
  • Order Number and PO Number;
  • Country to which the product(s) will be shipped;
  • Signature of the requester agreeing to the following statement:
    • "By making this request, the requester is hereby attesting that the goods described in this request are processed/manufactured in Nebraska in compliance with all applicable laws and that the goods are freely sold in the United States."
For additional guidance, please consult the [Certificates of Free Sale Request Example] and [Certificate Examples]. 

It is beneficial, but optional, for requesters to provide a copy of a previous similar Certificate of Free Sale, if available. 

How much do Certificates of Free Sale cost?

The current fee is $35 per Certificate. The requester is responsible for delivery costs if a method of delivery other than first class U.S. mail is requested. An invoice will be sent with the completed certificate. 

How long will it take before I receive the Certificate?

Certificates are processed on a first-in, first-out basis. We will make every effort to process the certificates in a timely fashion, with a goal of no more than a three-business-day completion; however, the speed of completion will depend on:
  • Completeness and accuracy of the request;
  • Whether the manufacturer/facility has been inspected in the past year and is in compliance; and
  • Workload of staff.
The fee price is $60 for “rush service.” Rush service is defined as same-business-day turn around, provided the above three conditions are not an issue. 

What if I need an Apostille or Authentication?

Certificates that require an Apostille or Authentication from the Nebraska Secretary of State’s office will require a $10 advance payment by check, made out to the Nebraska Secretary of State. 

What do I do if I need a Certificate of Free Sale in a language other than English?

As the Nebraska Department of Agriculture lacks the means to translate Certificates of Free Sale, we ask that all those requiring certificates in a language other than English provide the translation upon submitting the request. There is no extra charge, but an attestation verifying the accuracy of the translation will be required. The certificate will then be issued both in English and the language requested. 

The attestation must include the following language: "I attest that the translation provided for the Certificate of Free Sale is accurate to the best of my knowledge." 

Who do I contact regarding Certificates of Free Sale?

For basic questions, call 402-471-2341 or 800-831-0550, or email agr.freesale@nebraska.gov. 

Requests for Certificates of Free Sale must be completed on this form, and e-mailed to agr.freesale@nebraska.gov.