[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

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

[CITE: 9CFR327.13]



[Page 350-351]

 

                  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.



[[Page 351]]



    (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 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]