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FDA Detention Sampling & Testing Services

Nationwide FDA Detention Sampling Support Independent private company. Not affiliated with the U.S. FDA.
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Independent Sampling • Chain of Custody • Laboratory Coordination
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Terms and Conditions

Effective date: July 12, 2026  ·  FDA Detention Sampling, a Retro Consultants, LLC company

Service terms and engagement documents for FDA detention sampling coordination
In plain terms: we coordinate sampling, custody documentation, laboratory testing, and logistics for FDA-detained shipments. We are an independent private company — not FDA, not a law firm, not a laboratory. We do not and cannot guarantee release, test results, FDA acceptance, or any regulatory outcome. Third parties set their own fees and control their own facilities and decisions. The full terms below control.

1. Agreement to These Terms

These Terms and Conditions ("Terms") govern your use of fdadetentionsampling.com (the "Site") and, together with any written engagement scope we provide for your specific case (an "Engagement Scope"), the coordination services described below (the "Services"). The Site and Services are operated and provided by Retro Consultants, LLC, doing business as FDA Detention Sampling ("we," "us," or "our"). By using the Site, submitting a request, or engaging the Services, you agree to these Terms. If you are acting for a company, you represent that you are authorized to bind it. If an Engagement Scope conflicts with these Terms, the Engagement Scope controls for that case.

2. Independent Private Company

We are an independent private company. We are not affiliated with, endorsed by, or part of the U.S. Food and Drug Administration ("FDA"), U.S. Customs and Border Protection, or any government agency. Our name describes the subject of our work — coordination of sampling for FDA-detained shipments — not any relationship with the agency. We have no special access to FDA, cannot influence or expedite FDA's decisions, and do not represent clients before FDA. FDA makes the final admissibility decision on every import entry.

3. Our Services

The Services consist of coordination work relating to import shipments detained by FDA, which may include, per the applicable Engagement Scope: intake and case review; sampling coordination; chain-of-custody documentation; matching cases to independent laboratories and coordinating testing logistics; sample transport coordination; import alert testing support; and organization of resulting documentation into a case file.

  • What we do not do: we do not perform laboratory analysis (independent laboratories perform and report their own analyses); we do not provide legal advice or representation; we do not prepare or file petitions or submissions to FDA; we do not communicate with FDA on your behalf; and we do not control the decisions, schedules, or fees of facilities, laboratories, couriers, or other third parties.
  • Physical access: all sampling and related activity at any facility is subject to that facility's authorization and procedures. We cannot compel access to any premises.
  • Case acceptance: we may decline any request, including where a location, product, timeline, or requirement cannot be feasibly serviced.

4. No Guarantees of Outcome

You acknowledge and agree that we do not and cannot guarantee: (a) the release or admission of any shipment; (b) the outcome of any laboratory analysis; (c) FDA's acceptance of, or the weight FDA gives to, any sampling, documentation, or laboratory results; (d) removal from, or non-inclusion on, any import alert; (e) any particular timeline, including facility authorization times, laboratory turnaround, or FDA review; or (f) any other regulatory result. Regulatory outcomes are determined by FDA in its sole judgment. Any statement on the Site or in our communications describing typical practices or common patterns is general information, not a promise about your case.

5. No Legal, Regulatory, or Laboratory Advice

We are not a law firm and no attorney-client relationship is created by using the Site or Services. Content on the Site — including guides, checklists, glossaries, and answers to frequently asked questions — is general information only and is not legal, regulatory, or scientific advice. You are responsible for obtaining advice from qualified professionals (such as customs brokers, regulatory consultants, and attorneys) regarding your specific situation, and for all decisions about your response to FDA, including whether and how to submit any evidence.

6. Client Responsibilities

  • Accurate information: you are responsible for the accuracy and completeness of the information and documents you provide, including notices, entry details, lot information, and contacts. Our work is built on what you supply.
  • Authorizations: you are responsible for providing, or causing your broker or representatives to provide, the authorizations needed for facility access and case activity in a timely manner.
  • Deadlines: FDA response deadlines belong to you. Engaging the Services does not pause, extend, or transfer any deadline, and you remain responsible for managing your response and any extension requests through appropriate channels.
  • Your professionals: decisions about response strategy, submissions to FDA, and legal or regulatory positions are yours and your advisors' to make.
  • Lawful use: you will not use the Services in connection with any attempt to evade import requirements, misrepresent a shipment's source or contents, or otherwise violate applicable law.

7. Third Parties & Third-Party Charges

Warehouses and holding facilities, sampling personnel, independent laboratories, couriers, and other participants in a case are independent third parties, not our agents, employees, or subcontractors unless expressly stated in an Engagement Scope. They control their own premises, schedules, methods, policies, and fees.

  • Third-party charges — including facility access and handling fees, sampler fees, laboratory fees, courier and cold-chain transport costs, storage charges, and rush fees — are set and billed by those parties and are your responsibility, whether billed to you directly or passed through as described in your Engagement Scope.
  • Laboratory reports are issued by the laboratories under their own accreditations and terms. We do not alter, certify, or guarantee laboratory work.
  • Storage and demurrage charges accruing while a shipment is detained are between you and the facility or carrier and continue regardless of the Services.

8. Fees & Payment

Fees for the Services, payment terms, and the treatment of third-party charges are set out in the applicable Engagement Scope or otherwise communicated before work begins. Unless stated otherwise: fees are quoted and payable in U.S. dollars; you are responsible for applicable taxes; and we may suspend work on a case with unpaid amounts after reasonable notice. Estimates of third-party charges are good-faith estimates based on information available at the time and may change as third parties set their actual fees.

9. Changes & Cancellations

Detention cases move quickly, and work is often committed to third parties on short timelines. If you cancel or change a case after work has begun: (a) fees for Services already performed remain payable; and (b) third-party commitments already made on your behalf — such as scheduled facility access, sampler dispatch, laboratory bookings, or courier pickups — may be non-refundable or subject to those parties' cancellation terms, which are your responsibility. We will communicate known cancellation exposure when you ask us to change course.

10. Intellectual Property

The Site and its content — text, guides, glossaries, graphics, page designs, and layout — are owned by Retro Consultants, LLC or its licensors and are protected by applicable intellectual property laws. You may view, download, and print Site content for your internal business use in connection with evaluating or using the Services. You may not copy, republish, scrape, or commercially exploit Site content without our prior written permission. Case files and documentation we prepare for you may be used by you and your advisors for your case and business purposes.

11. Acceptable Use of the Site

You agree not to: interfere with the Site's operation or security; attempt unauthorized access to any systems; submit false, misleading, or unlawful content through our forms; use automated tools to scrape or harvest Site content or data; or use the Site in violation of applicable law. We may suspend or terminate access for violations.

12. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING SECTION 4, THE SERVICES ARE COORDINATION SERVICES ONLY, AND WE MAKE NO WARRANTY REGARDING THE ACTS, OMISSIONS, SCHEDULES, FEES, OR WORK PRODUCT OF ANY THIRD PARTY, OR REGARDING ANY REGULATORY OUTCOME. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODS, STORAGE OR DEMURRAGE CHARGES, REFUSAL, EXPORT, OR DESTRUCTION COSTS, OR REGULATORY OUTCOMES, ARISING OUT OF OR RELATING TO THE SITE OR SERVICES; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Retro Consultants, LLC and its members, managers, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) information or documents you provide; (b) your shipments, products, or import activities; (c) your breach of these Terms or applicable law; or (d) disputes between you and any third party, including facilities, laboratories, couriers, brokers, or advisors.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to any different provision in an Engagement Scope, the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over disputes arising out of or relating to these Terms, the Site, or the Services, and each party consents to venue there. Each party waives any right to a jury trial to the extent permitted by law. You must bring any claim within one (1) year after it accrues, to the extent permitted by law.

16. General Provisions

  • Entire agreement: these Terms, the Privacy Policy, the Disclaimer page, and any Engagement Scope are the entire agreement between you and us regarding their subject matter.
  • Severability: if any provision is unenforceable, the remainder stays in effect.
  • No waiver: failure to enforce a provision is not a waiver of it.
  • Assignment: you may not assign these Terms without our written consent; we may assign them in connection with a reorganization or transfer of the business.
  • Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control, including facility closures, carrier disruptions, laboratory capacity events, weather, and government actions.
  • Updates: we may revise these Terms; the effective date above reflects the latest revision, and continued use after changes take effect constitutes acceptance.

17. Contact Us

FDA Detention Sampling is an independent private company. We are not affiliated with, endorsed by, or part of the U.S. Food and Drug Administration. These Terms are provided for clarity about the Site and Services and do not constitute legal advice. Sampling, laboratory testing, documentation, and coordination services do not guarantee FDA release, admissibility, acceptance of laboratory results, or any specific regulatory outcome. FDA makes the final admissibility decision.