TDs 38969, 48781, 51255, 51851, 52443, 52492, 53946, 55247. MEAT AND MEAT-FOOD PRODUCTS 12.8 Inspection; bond; release.--(a) All imported meat, meat-food products,' horse meat and horse meat-food products offered for entry into the United States 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 7 The term "meat and meat-food products," for the purpose of this section, shall include any imported article of food or any imported article which enters or may enter into the composition of food for human consumption, which is derived or prepared in whole or in part from any portion of the carcass of any cattle, sheep, swine, or goat, if such portion is all or a considerable and definite portion of the article, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession. ''(a) RINDERPEST AND FOOT-AND-MOUTH DISEASE. -- If the Secretary of Agriculture determines that rinderpest or foot-and-mouth disease exists in any foreign country, he shall officially notify the Secretary of the Treasury and give public notice thereof, and thereafter, and until the Secretary of Agriculture gives notice in a similar manner that such disease no longer exists in such foreign country the importation into the United States *** of fresh, chilled, or frozen beef, veal, mutton, lamb, or pork, from such foreign country, is prohibited. "(b) MEATS UNFIT FOR HUMAN FOOD.--No meat of any kind shall be imported into the United States unless such meat is healthful, wholesome, and fit for human food and contains no dye, chemical, preservative, or ingredient which renders such meat unhealthful, unwholesome, or unfit for human food, and unless such meat also complies with the rules and regulations made by the Secretary of Agriculture. All imported meats shall, after entry into the United States in compliance with such rules and regulations, be deemed and treated as domestic meats within the meaning (Footnote 8 continued on CR-277) CR-276 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 WARNING Failure to comply with these instructions will If the product is found to be acceptable upon in- (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) TDs 33952, 42447. TD 52492. TD 52492 TD 55039. TDs 52610, 54056, 55039. TD 52492. TDs 52492, 74-114 12.9 Release for final delivery to consignee.--No meat, meat-food products, or animal casings shall be released for final delivery to the consignee until the collector of customs is advised by the Department of Agriculture, or its representative, that the merchandise is admissible. PLANTS AND PLANT PRODUCTS 12.10 Regulations and orders of the Department of Agriculture.--The importation into the United States of plants and plant products is subject to regulations and orders of the Department of Agriculture restricting or prohibiting the importation of such plants and plant products. Customs officers and employees shall perform such functions as are necessary or proper on their part to carry out such regulations and orders of the Department of Agriculture and the provisions of law under which they are made. 12.11 Requirements for entry and release.--(a) The importer or his representative shall submit to the collector at the port of first arrival, for each entry of plants or plant products requiring a plant quarantine permit, a notice of arrival for any type of entry except rewarehouse and informal mail entries. Such notice shall be on a form provided for the purpose by the Department of Agriculture. The collector at the port of arrival shall compare the notice of arrival which he receives from the importer or his representative with the shipping documents, certify its agreement therewith, and transmit it, together with any accompanying certificates or other documents pertaining to the sanitary status of the shipment, to the Department of Agriculture. The merchandise may not be moved, stored, or otherwise disposed of until the notice of arrival has been submitted and release for the intended purpose has been authorized by an inspector of the Plant Quarantine Division, Agricultural ReSearch Service. (b) Where plant or plant products are shipped from the port of first arrival to another port or place for inspection or other treatment by a representative of the Plant Quarantine Division, Agricultural Research Service, and all customs requirements for the release of the merchandise have been met, the merchandise shall be forwarded under a special manifest (customs Form 7512) and in-bond labels or customs seals to the representative of the Plant Quarantine Branch, Agricultural Research Service, at the place at which the inspection or other treatment is to take place. No further release by the collector of customs shall be required. 12.12 Release under bond.--Plants or plant products which require fumigation, disinfection, sterilization, or other treatment as a condition of entry may be released to the permittee for treatment at a plant approved by the Department of Agriculture upon the giving of a bond on customs Form 7551, 7553, or other appropriate form to insure that the merchandise is treated under the supervision and to the satisfaction of an inspector of the Department of Agriculture or returned to customs custody when demanded by the collector of customs. 12.13 Unclaimed shipments.--(a) If plants or plant products enterable into the United States under the rules and regulations promulgated by the Secretary of Agriculture are unclaimed, they may be sold, subject to the provisions of subparts C and D of Part 127 of these regulations, to any person to whom a per mit has been issued who can comply with the requirements of the regulations governing the material involved. (b) Unclaimed plants and plant products not complying with the requirements mentioned herein shall be destroyed, by burning or otherwise, under customs supervision. CR-278 12.14 Detention.--(a) Collectors of customs shall refuse release of all TDs 52492, 55039. plants or plant products with respect to which a notice of prohibition has been promulgated by the Secretary of Agriculture under any of the various quarantines. If an importer refuses to export a prohibited shipment immediately, the collector shall report the facts to the Plant Quarantine Division, Agricultural Research Service, and the United States attorney and withhold delivery pending advice from that Bureau. (b) In case of doubt as to whether any plant or plant product is prohibited, the collector shall detain it pending advice from the Department of Agriculture. 12.15 Disposition; refund of duty.-- Plants or plant products which are pro- TD 72-258. hibited admission into the United States under Federal law or regulations and are exported or destroyed under proper supervision are exempt from duty and any duties collected thereon shall be refunded. See sections 158.41 and 158,45(c). (Sec. 558, 46 Stat. 744, as amended; 19 U.S. C. 1558.) AGRICULTURAL AND VEGETABLE SEEDS 12.16 Joint regulations of the Secretary of the Treasury and the Secretary of Agriculture.--(a) The importation into the United States of agricultural and vegetable seeds and screenings thereof is governed by rules and regulations prescribed jointly by the Secretary of the Treasury and the Secretary of Agriculture under section 402 (b) of the Federal Seed Act of August 9, 1939.9 (b) Under the said joint rules and regulations, collectors of customs are required to draw samples of such seeds and screenings, forward them to the seed laboratories, and notify the owner or consignee that such samples have been drawn and that the shipment shall be held intact pending a decision of the Grain Division, Agricultural Marketing Service, in the matter. (c) It is further provided in said joint rules and regulations that after samples have been drawn such seeds and screenings shall be admitted into the commerce of the United States only if they have been found to meet the requirements of the Federal Seed Act of August 9, 1939, and the said regulations, but if the containers bear sufficient marks of identification the collector of customs may release the shipment, pending examination and decision in the matter, upon the giving of a bond conditioned upon the return to customs custody of the seed or screenings or any part thereof upon demand of the collector of customs at any time. Such bond shall be on customs Form 7551, 7553, or other appropriate form, and shall be filed with the collector of customs who, in case of default, shall take appropriate action to effect the collection of the liquidated damages equal to the invoice value of the entire shipment plus the estimated duty thereof, if any. BCLs 1835/38; 2070/40; 2133/40: 2138/40; 2206/41. BCL 5/29/40. TDs 47281, 50000. |