[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR12.8]



[Page 265-266]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 12_SPECIAL CLASSES OF MERCHANDISE--Table of Contents

 

Sec.  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. 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. 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 Food 

Safety and Inspection 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 301, containing the bond 

conditions set forth in Sec.  113.62 of this chapter, 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 Inspection 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 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 a bond taken under 

this section, if not in excess of the Fines, Penalties, and Forfeitures 

Officer's delegated authority, and if a written application for relief 

is filed, may be canceled by the port 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 Fines, 

Penalties, and Forfeitures Officer shall not act under this paragraph 

unless the officer in charge of the local office of the Food Safety and 

Inspection 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 Inspection Service, Meat and 

Poultry Inspection, the



[[Page 266]]



port director shall not act unless he has obtained the full agreement of 

the Food Safety and Inspection 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; T.D. 82-145, 47 FR 35476, Aug. 16, 1982; T.D. 84-213, 49 FR 

41167, Oct. 19, 1984; T.D. 89-1, 53 FR 51253, Dec. 21, 1988; T.D. 99-27, 

64 FR 13675, Mar. 22, 1999; T.D. 99-64, 64 FR 43265, Aug. 10, 1999; T.D. 

00-57, 65 FR 53574, Sept. 5, 2000]