[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR327.10]

[Page 346-347]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 327_IMPORTED PRODUCTS--Table of Contents
 
Sec. 327.10  Samples; inspection of consignments; refusal of entry; 
marking.

    (a) Program inspectors may take, without cost to the United States, 
for laboratory examination, samples of any product which is subject to 
analysis, from each consignment offered for importation, except that 
such samples shall not be taken of any product offered for importation 
under Sec. 327.16.
    (b) Except for product offered for entry from Canada, the outside 
containers of all products offered for entry from any foreign country 
and accompanied with a foreign inspection certificate as required by 
this part, which, upon reinspection by import inspectors are found not 
to be adulterated or misbranded and are otherwise eligible for entry 
into the United States under this part, or the products themselves if 
not in containers, shall be marked with the official inspection legend 
prescribed in Sec. 327.26 of this part. Except for Canadian product, 
all other products so marked, in compliance with this part, shall be 
entered into the United States, insofar as such entry is regulated under 
the Act.
    (c) Product which is inspected and rejected shall be marked ``U.S. 
Refused Entry'' as shown in Sec. 327.26(c). Such marks shall be applied 
to the shipping container or the product itself if not in a container.
    (d) The inspection legend may be placed on containers of product 
before completion of official import inspection if the containers are 
being inspected by an import inspector who reports directly to an Import 
Field Office Supervisor; the product is not required to be held at the 
establishment pending the receipt of laboratory test results; and a 
written procedure for controlled stamping, submitted by the import 
establishment and approved by the Director, Import Inspection Division, 
is on file at the import inspection facility where the inspection is to 
be performed.
    (1) The written procedure for controlled pre-stamping should be in 
the form of a letter and shall include the following:
    (i) That stamping under this part will be limited to those lots of 
product which can be inspected on the day that

[[Page 347]]

certificates for the product are examined;
    (ii) That all product which has been pre-stamped will be stored in 
the facility where the import inspection will occur;
    (iii) That inspection marks applied under this part will be removed 
from any lot of product subsequently refused entry on the day the 
product is rejected; and
    (iv) That the establishment will maintain a daily stamping log 
containing the following information for each lot of product: the date 
of inspection, the country of origin, the foreign establishment number, 
the product name, the number of units, the shipping container marks, and 
the MP-410 number covering the product to be inspected. The daily 
stamping log must be retained by the establishment in accordance with 
the requirements of Sec. 320.3.
    (2) An establishment's controlled pre-stamping privilege may be 
cancelled orally or in writing by the inspector who is supervising its 
enforcement whenever the inspector finds that the establishment has 
failed to comply with the provisions of this part or any conditions 
imposed pursuant thereto. If the cancellation is oral, the decision and 
the reasons therefor shall be confirmed in writing, as promptly as 
circumstances allow. Any person whose controlled pre-stamping privilege 
has been cancelled may appeal the decision to the Administrator, in 
writing, within ten (10) days after receiving written notification of 
the cancellation. The appeal shall state all of the facts and reasons 
upon which the person relies to show that the controlled pre-stamping 
privilege was wrongfully cancelled. The Administrator shall grant or 
deny the appeal, in writing, stating the reasons for such decision, as 
promptly as circumstances allow. If there is a conflict as to any 
material fact, a hearing shall be held to resolve such conflict. Rules 
of practice concerning such a hearing will be adopted by the 
Administrator. The cancellation of the controlled pre-stamping privilege 
will be in effect until there is a final determination of the 
proceeding.

(Approved by the Office of Management and Budget under control number 
0583-0015)

[35 FR 15610, Oct. 3, 1970, as amended at 53 FR 17014, May 13, 1988; 54 
FR 41048, Oct. 5, 1989]