tor may release the articles upon the condition that the prohibited marking be removed or obliterated or that the articles and containers be properly marked to indicate their origin, contents, or condition, or may permit the articles to be exported or destroyed under Customs supervision, and without expense to the Government. (d) Articles forfeited for violation of section 294, 1124, or 1125, title 15 and section 545, title 18, U.S. Code, may be disposed of in accordance with the procedure applicable to other Customs forfeitures, but may not be released from Customs custody except upon the removal by and at the expense of the party in interest of the prohibited marking by reason of which the articles were seized. (Secs. 1-5, 34 Stat. 260-262, secs. 42, 43, 60 Stat. 440, 441, sec. 1, 62 Stat. 716, sec. 618, 46 Stat. 757; 15 U.S.C. 294-298, 1124, 1125, 18 U.S.C. 545, 19 U.S.C. 1618) 12.21 Licensed establishments. 12.22 Labels; samples. 12.23 Detention; examination; disposition. DOMESTIC ANIMALS, ANIMAL PRODUCTS, AND ANIMAL FEEDING MATERIALS 12.24 Regulations of the Department of Agriculture. WILD ANIMALS, BIRDS, AND INSECTS 12.26 Importations of wild animals, fish, amphibians, reptiles, mollusks, and crustaceans; prohibited and endangered species; designated ports of entry; permits required. 12.27 Importation or exportation of wild animals or birds, or the dead bodies thereof illegally captured or killed, etc. 12.28 Importation of wild mammals and birds in violation of foreign law. 12.29 Plumage and eggs of wild birds. 12.30 Whaling. 12.31 Injurious insects. 12.33 Importation of tea; entry; examination for customs purposes. WHITE PHOSPHORUS MATCHES 12.34 Importation prohibited; certificate of inspection; importer's declaration. 12.35 Exportation. NARCOTIC DRUGS 12.36 Regulations of Bureau of Narcotics. LIQUORS Restricted importations. UNFAIR COMPETITION 12.11 Requirements for entry and release. 12.12 Release under bond. 12.13 Unclaimed shipments. 12.14 Detention. 12.15 Disposition; refund of duty. 12.39 Exclusion from entry; entry under bond. 12.39a Registered patent owners; import survey. 12.110 PESTICIDES AND DEVICES 12.111 Registration. 12.113 Arrival of shipment. 12.114 Release or refusal of delivery. 12.117 Procedure after examination. AUTHORITY: R.S. 251, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 19 U.S.C. 66, 1624, Gen. Hdnote. 11, Tariff Schedules of the United States, unless otherwise noted. Sections 12.105 through 12.109 also issued under sec. 204, 86 Stat. 1297 (19 U.S.C. 2094). Sections 12.110 through 12.117 also issued under sec. 17(e), Federal Insecticide, Fungicide and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972; Pub. L. 92-516 (7 U.S.C. 1360(e)). SOURCE: 28 FR 14710, Dec. 31, 1963, unless otherwise noted. Sections 12.105 through 12.109 appear at 38 FR 10807, May 2, 1973, unless otherwise noted. CROSS REFERENCE: For joint regulations promulgated by the Secretary of the Treasury and the Secretary of Agriculture, with respect to importations of economic poisons and devices under the regulations for the enforcement of section 10 of the Federal Insecticide, Fungicide, and Rodenticide Act, see 40 CFR Part 162. Food, Drugs, and CosmeTICS, ECONOMIC POISONS, HAZARDOUS SUBSTANCES, AND DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCES § 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 (7 U.S.C. 1360(e)) by the Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency, as set forth below (§ 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 10(b) 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). [T.D. 68-191, 33 FR 11019, Aug. 2, 1968, as amended by T.D. 75-194, 40 FR 32321, Aug. 1, 1975] § 12.3 Release under bond. No food, drug, device, cosmetic, pesticide, hazardous substance, or dangerous caustic or corrosive substance, the subject of § 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 regu lations 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. [T.D. 75-194, 40 FR 32321, Aug. 1, 1975] § 12.4 Exportation. The exportation of merchandise, the subject of § 12.1, refused admission into the United States in accordance with regulations applicable thereto shall be under Customs supervision in accordance with the regulations set forth in §§ 18.25 and 18.26 of this chapter. [T.D. 68-191, 33 FR 11019, Aug. 2, 1968] § 12.5 Shipment to other ports. When imported merchandise, the subject of § 12.1, is shipped to another port for reconditioning or exportation, such shipment shall be under a Customs carrier's manifest, Customs Form 7512, in the same manner as shipments in bond. [T.D. 68-191, 33 FR 11019, Aug. 2, 1968] IMPORTATION OF CERTAIN CHEESES § 12.6 Affidavits required to accompany entry. (a) Cheeses produced in the 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)) [T.D. 75-210, 40 FR 36767, Aug. 22, 1975] MILK AND CREAM § 12.7 Permits required for importation. (a) Under the act of February 15, 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 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 "See Appendix XXI, Customs Regulations of 1943. shall not permit the importation of any milk or cream that is not tagged in accordance with such regulations. MEATS AND MEAT-FOOD PRODUCTS § 12.8 Inspection; bond; release. (a) All imported meat, meat-food products' horse meat and horse meatfood 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 "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 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,' Footnotes continued on next page food products, horse meat and horse meat-food products shall not be released from Customs custody prior to inspection by an inspector of the Food Safety and Quality Service, Meat and Poultry Inspection, 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 Food Safety and Quality Service, Meat and Poultry Inspection, 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 Footnotes continued from last page 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 of 1943. 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 Inspection Division, U.S. Department of Agriculture. 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 inspection the package will be marked "U.S. Inspected and Passed" and this warning notice defaced. (b) Liquidated damages assessed for breach of bonds taken under this section, if not in excess of $20,000, and if a written application for relief is filed, may be canceled by the district director 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 district director shall not act under this paragraph unless the officer in charge of the local office of the Food Safety and Quality Service, Meat and Poultry Inspection, Department of Agriculture, is in full agreement with the proposed action. If there is no local inspector of the Food Safety and Quality Service, Meat and Poultry Inspection, the district director shall not act unless he has obtained the full agreement of the Food Safety and Quality Service, Meat and Poultry Inspection in Washington. [28 FR 14710, Dec. 31, 1963, as amended by T.D. 78-99, 43 FR 13060, Mar. 29, 1978] § 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 district director is advised by the Department of Agriculture, or its representative, that the merchandise is admissible. 30-040 07814 |