Changing your FDA US agent: the 60-day clock

Updated 2026-08-24

The short answer

21 CFR 1.234(a) requires you to update a facility’s registration within 60 calendar days of any change to the information previously submitted, and it names change of US agent as an example.

The clock is calendar days, not business days. Amazon asking you to switch firms does not pause it. Neither does a dispute with the old agent.

What you are filing, and what you are not

You are updating the existing registration: name, full address, phone and email of the new US agent. You are not cancelling the facility and starting over, unless the facility has a new owner. A change of owner is a cancellation by the former owner plus a new registration by the new owner, also on a 60-day clock.

For an electronic update of the US agent, FDA verifies that the new person agreed to serve and will not send the update confirmation until that happens.

Why sellers change agents

The old address was a mailbox. The old contact left. The plant switched contract manufacturers and the brand wants one person across plants. Amazon asked for a US name they can reach.

None of those reasons is a reason to let the 60 days run out. Failure to update required elements is a prohibited act under section 301(dd) of the FD&C Act.

What we actually do on a switch

We take the new designation, confirm it in FURLS, and keep the California address on file. The current fee is $299 for the year of service, not a separate “change fee” on top of FDA, because FDA charges nothing for the update.

If the old agent still appears in Amazon’s form, that is a marketplace form. Changing FDA’s record is the statutory step.

Common questions

Does the old agent have to release me?

The regulation requires the facility to update the information and the new agent to confirm. It does not give the outgoing agent a veto.

What if 60 days have already passed?

File the update. The 60-day requirement is still the rule. Sitting further does not cure the miss.

Can I change the agent at biennial renewal instead?

You may update agent information as part of renewal, and FDA will still verify the new person. If the change already happened, do not wait until October of an even year.

Do cosmetics have the same 60 days?

MoCRA facility registration is a different statute and a different portal. Do not assume the food-facility 60-day rule copies over. Check the cosmetic registration, then update it.

Will Amazon see the change automatically?

No. FDA food-facility registration information is not a public directory. If Amazon wants a name, you still have to give it to them.

Sources

• 21 CFR 1.234 — update within 60 calendar days of any change, including change of US agent; FDA will not confirm a foreign-facility agent update until the new agent agrees — ecfr.gov
• 21 CFR 1.241(a) — failure to update required elements of a facility’s registration is a prohibited act under section 301(dd) of the FD&C Act — ecfr.gov
• FDA, Small Entity Compliance Guide: Registration of Food Facilities — notify FDA within 60 days of a new US agent — fda.gov

This guide is general information about updating a food-facility US agent, not legal advice, and it does not create a client relationship.