[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: 9CFR327.13]

[Page 348-349]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 327_IMPORTED PRODUCTS--Table of Contents
 
Sec. 327.13  Foreign products offered for importation; reporting of 
findings to customs; handling of articles refused entry.

    (a)(1) Program inspectors shall report their findings as to any 
product which has been inspected in accordance with this part, to the 
Director of Customs at the original port of entry where the same is 
offered for clearance through Customs inspection.
    (2) When product has been identified as ``U.S. refused entry, '' the 
inspector shall request the Director of Customs to refuse admission to 
such product and to direct that it be exported by the owner or consignee 
within the time specified in this section, unless the owner or 
consignee, within the specified time, causes it to be destroyed by 
disposing of it under the supervision of a Program employee so that the 
product can no longer be used as human food, or by converting it to 
animal food uses, if permitted by the Food and Drug Administration. The 
owner or consignee of the refused entry product shall not transfer legal 
title to such product, except to a foreign consignee for direct and 
immediate exportation, or to an end user, e.g., an animal food 
manufacturer or a renderer, for destruction for human food purposes. 
``Refused entry'' product must be delivered to and used by the 
manufacturer or renderer within the 45-day time limit. Even if such 
title is illegally transferred, the subsequent purchaser will still be 
required to export the product or have it destroyed as specified in the 
notice under paragraph (a)(5) of this section.
    (3) No lot of product which has been refused entry may be subdivided 
during disposition pursuant to paragraph (a)(2) of this section, except 
that removal and destruction of any damaged or otherwise unsound product 
from a lot destined for reexportation is permitted under supervision of 
USDA prior to exportation. Additionally, such refused entry lot may not 
be shipped for export from any port other than that through which the 
product came into the United States, without the expressed consent of 
the Administrator based on full information concerning the product's 
disposition, including the name of the vessel and the date of export. 
For the purposes of this paragraph, the term ``lot'' shall refer to that 
product indentified on MP Form 410 in the original request for 
inspection for importation pursuant to Sec. 327.5.
    (4) Product which has been refused entry solely because of 
misbranding, in lieu of exportation or destruction pursuant to paragraph 
(a)(2) of this section, may be brought into compliance with the 
requirements of this part, under supervision of an authorized 
representative of the Administrator.
    (5) The owner or consignee shall have 45 days after notice is given 
by FSIS to the Director of Customs at the original port of entry to take 
the action required in paragraph (a)(2) of this section for ``refused 
entry'' product. Extension beyond the 45-day period may be granted by 
the Administrator when extreme circumstances warrant it; e.g., a dock 
workers' strike or an unforeseeable vessel delay.
    (6) If the owner or consignee fails to take the required action 
within the time specified under paragraph (a)(5) of this section, the 
Department will take such action as may be necessary to effectuate its 
order to have the product destroyed for human food purposes. The 
Department shall seek court costs and fees, storage, and proper expense 
in the appropriate legal forum.
    (7) No product which has been refused entry and exported to another 
country pursuant to paragraph (a)(2) of this section may be returned to 
the United States under any circumstance. Any such product so returned 
to the United States shall be subject to administrative detention in 
accordance with section 402 of the Act and seizure and condemnation in 
accordance with section 403 of the Act.
    (b) Upon the request of the Director of Customs at the port where a 
product is offered for clearance through the customs, the consignee of 
the product shall, at the consignee's own expense, immediately return to 
the Director

[[Page 349]]

any product which has been delivered to consignee under Sec. 327.7 and 
subsequently designated ``U.S. Refused Entry'' or found in any respect 
not to comply with the requirements in this part.
    (c) All charges for storage, cartage, and labor with respect to any 
product which was imported contrary to the Act shall be paid by the 
owner or consignee, and in default of such payment shall constitute a 
lien against such product and any other product thereafter imported by 
or for such owner or consignee.

[35 FR 15610, Oct. 3, 1970, as amended at 48 FR 15889, Apr. 13, 1983; 49 
FR 29568, July 23, 1984; 50 FR 19907, May 13, 1985; 53 FR 17015, May 13, 
1988; 54 FR 50735, Dec. 11, 1989]