[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1230.43]

[Page 667-668]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 1230--REGULATIONS UNDER THE FEDERAL CAUSTIC POISON ACT--Table of Contents
 
                           Subpart E--Imports
 
Sec. 1230.43  Enforcement.

    (a) Enforcement agency. The Federal Caustic Poison Act shall be 
enforced by the Food and Drug Administration, Department of Health and 
Human Services.
    (b) Enforcement of provisions. The enforcement of the provisions of 
the Federal Caustic Poison Act as they relate to imported dangerous 
caustic or corrosive substances, will, as a general rule, be under the 
direction of the chief of the local inspection district of the Food and 
Drug Administration, Department of Health and Human Services, and 
District Directors of Customs acting as administrative officers in 
carrying out directions relative to the detention, exportation, and 
sale, or other disposition of such substances and action under the bond 
in case of noncompliance with the provisions of the Federal Caustic 
Poison Act.
    (c) Chief of district as customs officer. The chief of district 
shall be deemed a customs officer in enforcing import regulations.
    (d) Nonlaboratory ports. (1) At the ports of entry where there is no 
district of the Food and Drug Administration, the District Director of 
Customs or deputy, on the day when the first notice of expected shipment 
of containers is received, either by invoice or entry, shall notify the 
chief of district in whose territory the port is located.
    (2) On the day of receipt of such notice the chief of district shall 
mail to the District Director of Customs appropriate notice, if no 
sample is desired. This notice serves as an equivalent to stamping the 
invoices at district ports with the legend ``No sample desired,

[[Page 668]]

Food and Drug Administration, Department of Health and Human Services, 
per (initials of inspecting officer).''
    (3) If samples are desired, the Chief of district shall immediately 
notify the District Director of Customs.
    (4) The District Director of Customs at once shall forward samples, 
accompanied by description of shipment.
    (5) When samples are desired from each shipment of containers, the 
chief of district shall furnish to District Director of Customs and 
deputies at ports within the district's territory a list of such 
containers, indicating the size of sample necessary. Samples should then 
be sent promptly on arrival of containers without awaiting special 
request.
    (6) In all other particulars the procedure shall be the same at 
nonlaboratory ports as at laboratory ports, except that the time 
consumed in delivery of notices by mail shall be allowed for.