Part 12.--SPECIAL CLASSES OF MERCHANDISE 'FOOD, DRUGS, AND COSMETICS, ECONOMIC POISONS,

TEA
HAZARDOUS SUBSTANCES, AND DANGEROUS CAUSTIC
OR CORROSIVE SUBSTANCES

12.33 Importation of tea; entry; examination for customs

purposes. Sec. 12.1 Cooperation with certain agencies; joint regula

WHITE PHOSPHORUS MATCHES i tions. 12.2 Deleted. TD 75-194.

12.34 Importation prohibited; certificate of inspection

importer's declaration. 12,3 Release under bond.

12.35 Exportation, 12,4 Exportation, 12,5 Shipment to other ports,

NARCOTIC DRUGS

.!

DOMESTIC ANIMALS, ANIMAL PRODUCTS, AND

ANIMAL FEEDING MATERIALS 12.24 Regulations of the Department of Agriculture,

FISH, WILDLIFE, AND INSECTS
12,26 Importations of wild animals, fish, amphibians,

reptiles, mollusks, and crustaceans; prohibited
and endangered species; designated ports of

Authority: Sections 12.1 to 12,73 issued under R.S. 161, as amended, 251, sec.

624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624. Statutory provisions interpreted or applied and special rule-making authorities

are cited to text in parentheses. FOOD, DRUGS, AND COSMETICS, ECONOMIC POISONS, HAZARDOUS SUBSTANCES, AND DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCES

21 USC 371 (b). TDs 51775, 51836, 52492, 53399, 68-191.

TDs 68-191,75–194.

12.1 Cooperation with certain agencies; joint regulations.--(a) Federal Food, Drug, and Cosmetic Act.-- The importation into the United States of food, drugs, devices, and cosmetics as defined in section 201(f), (g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f), (g), (h), (i)) is governed by section 801 of the Act, as amended (21 U.S.C. 381) and regulations issued under authority of section 701(b) of the Act (21 U.S.C. 371(b)) by the Secretary of Health, Education, and Welfare, and the Secretary of the Treasury (21 CFR 1.315-1.322).

(b) Federal Insecticide, Fungicide, and Rodenticide Act. The importation of pesticides and devices is governed by section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 1360(c)), and regulations issued under the authority of section 17(e) of that Act 17 U.S.C. 1360(e)) by the Secretary of the Tresury, in consultation with the Administrator of the Environ. mental Protection Agency, as set forth below (section 12.110 et seq.).

(c) Federal Hazardous Substances Act.-- The importation of hazardous substances, misbranded hazardous substances, or banned hazardous substances as defined in section 2 of the Federal Hazardous Substances Act, as amended (15 U.S.C. 1261) is governed by regulations issued under the authority of sections 101b) and 14 of said Act, as amended (15 U.S.C. 1296, 1273), by the Secretary of Health, Education, and Welfare and the Secretary of the Treasury (21 CFR 191.265-191.272).

(d) Federal Caustic Poison Act.-- The importation of certain dangerous caustic or corrosive substances as defined in section 2(a) of the Federal Caustic Poison Act (15 U.S.C. 402(a)) is governed by section 5 of the Federal Caustic Poison Act (15 U.S.C. 405) and regulations prescribed by the Food and Drug Administration, Department of Health, Education, and Welfare (21 CFR 285.20-285.32) under authority of section 9 of the Act (15 U.S.C. 409).

15 USC 409(c). TD 68-191.

TD 68-191.

12.3 Release under bond.--No food, drug, device, cosmetic, pesticide, hazardous substance, or dangerous caustic or corrosive substance, the subject of section 12.1 shall be released except in accordance with the laws and regulations applicable thereto. Where any such merchandise is to be released under bond pursuant to regulations applicable thereto, a bond on Customs Form 7551, 7553, or 7595, containing a condition for the return of the merchandise, or any part thereof, to Customs custody upon demand, of the district director of Customs, shall be required.

12.4 Exportation.-- The exportation of merchandise, the subject of section 7 USC 134, 15 USC 12.1 of this chapter, refused admission into the United States in accordance with 405(b), 21 USC regulations applicable thereto shall be under Customs supervision in accordance ). T28 50505,

51836, 52492 with the regulations set forth in sections 18.25 and 18.26 of this chapter.

68-191. 12.5 Shipment to other ports.-- When imported merchandise, the subject of TDs 51836, 52492, section 12.1 of this chapter, is shipped to another port for reconditioning or

68-191. exportation, such shipment shall be under a Customs carrier's manifest, Customs Form 7512, in the same manner as shipments in bond.

IMPORTATION OF CERTAIN CHEESES

12,6 Affidavits required to accompany entry.--(a) Cheeses produced in the TD 75-210. member states of the European Communities shall not be permitted entry into the Customs territory of the United States (excluding Puerto Rico) if exported from any country or area other than the country of origin, or into Puerto Rico, unless accompanied by:

(1) An affidavit, in the event of shipments into the Customs territory of the United States (excluding Puerto Rico), of the producer or exporter that the cheese has not received and will not receive restitution payments of the type referred to in Executive Order No. 11851, dated April 10, 1975 (40 FR 16645); or

(2) An affidavit, in the event of shipments into Puerto Rico, of the importer that the cheese will be consumed in Puerto Rico or areas outside the Customs territory of the United States, Proof of actual consumption shall be furnished to the appropriate Customs officer within three years after the date such cheese is entered, or withdrawn from warehouse, for consumption,

(b) These affidavits shall not be required to accompany importations of cheese produced in the member states of the European Communities if such cheese is shipped directly to the United States (excluding Puerto Rico) from the country of origin on a through bill of lading. (Sec. 303, 46 Stat. 687, sec. 204, 70 Stat. 200, as amended (7 U.S.C. 1854, 19 U.S.C. 1303))

MILK AND CREAM

12.7 Permits required for importation.--(a) Under the Act of February 15, TD 53399. 1927 (44 Stat. 1101; 21 U.S.C. 141 - 149), commonly known as the Federal Import Milk Act, the importation into the United States of milk and cream is prohibited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit from the Department of Health, Education, and Welfare. Such permits become invalid at the end of one year unless applications for renewal are filed prior to the date of expiration.

(b) The regulations of the Department of Health, Education, and Welfare under ID 52492. the said Act require that each container of milk or cream shipped or transported into the United States by a permittee shall have firmly attached thereto a tag showing in clear and legible type the product (raw milk, pasteurized milk, raw cream, or pasteurized cream), the permit number, and the name and address of the shipper; except that in case of unit shipments consisting of milk only or cream only under one permit number, each container need not be so marked if the vehicle of transportation is sealed and tagged with the above-mentioned tag. In such case the tag is required to show, in addition to the other required information, the number of containers and the contents of each. Customs officers shall not permit the importation of any milk or cream that is not tagged in accordance with such regulations.

See Appendix XXI. Customs Regulations.

CR-275

MEAT AND MEAT-FOOD PRODUCTS TDs 38969, 48781, 12.8 Inspection; bond; release.--(a) All imported meat, meat-food products,' 51255, 51851, 52443, horse meat and horse meat-food products offered for entry into the United States 52492, 53946, 55247. are subject to the regulations prescribed by the Secretary of Agriculture under ,

section 306, Tariff Act of 1930. Such meat, meat-food products, horse meat and horse meat-food products shall not be released from Customs custody prior to inspection by an inspector of the Meat Inspection Division, Agricultural Research Service, except when authority is given by such inspector for inspection at the importer's premises or other place not under customs supervision. In such case a bond for the return to customs custody of the merchandise shall be given by the consignee or agent on customs Form 7551, 7553, or other appropriate form, and the conveyances or packages in which such merchandise is removed to the place of examination shall be sealed or corded and sealed by a customs officer or an inspector of the Meat Inspection Division, Agricultural Research Service, with import-meat seals furnished by the Department of Agriculture unless bearing United States customs seals, or in the case of packages otherwise identified as provided for in this section. When cording is necessary for proper sealing, the cords shall be furnished and affixed by the importer or his agent. Import-meat seals or cords and seals may be broken only by a customs officer or inspector of the Meat Inspection Division, Agricultural Research Service. In lieu of cording and sealing packages, the carrier or importer may furnish and attach to each package of product a warning notice on bright yellow paper, not less than 5 by 8 inches in size, containing the following legend in black type of a conspicuous size:

(Name of Truck Line or Carrier)

NOTICE
This package of meat or meat product must be
delivered intact to an inspector of the Meat In-
spection Division, U.S. Department of Agricul-
ture.

WARNING
Failure to comply with these instructions will
result in penalty action being taken against the
holder of the Customs entry bond.
If the product is found to be acceptable upon in-
spection the package will be marked “U.S. In-
spected and Passed" and this warning notice
defaced.

(b) Liquidated damages assessed for breach of bonds taken under this section, TDs 53946, 55247. if not in excess of $20,000, and if a written application for relief is filed, may be canceled by the collector of customs upon the payment of less than the full amount as he shall deem appropriate, or without the payment of any amount, as may be deemed appropriate, but the collector shall not act under this paragraph unless the officer in charge of the local office of the Meat Inspection Division, Agricultural Research Service, Department of Agriculture, is in full agreement with the proposed action. If there is no local inspector of the Meat Inspection Division, the collector shall not act unless he has obtained the full agreement of the Meat Inspection Division in Washington. (Sec. 623, 46 Stat. 759, as amended; 19 U.S.C. 1623.)

(Footnote 8 continued)
of and subject to the provisions of the Act of June 30, 1906 (Thirty-fourth Statutes at Large, page 674), commonly
called the 'Meat Inspection Amendment,' and the Act of June 30, 1906 (Thirty-fourth Statutes at Large, page 768).
commonly called the 'Food and Drugs Act,' and acts amendatory of, supplementary to, or in substitution for such Acts.

"(c) REGULATIONS.-- The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section, and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all cattle, sheep and other domestic ruminants, and swine, and of all meats, offered for entry and refused admission into the United States, unless such cattle, sheep, domestic ruminants, swine, or meats be exported by the consignee within the time fixed therefor in such rules and regulations." (Tariff Act of 1930, sec. 306; 19 U. S. C. 1306.) See regulations in Appendices XII and XIII, Customs Regulations.

CR-277

(3rd Rev. - Nov. 1960)