[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR996]

[Page 727-728]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 996_MINIMUM QUALITY AND HANDLING STANDARDS FOR DOMESTIC AND 
 
Sec.  996.60  Safeguard procedures for imported peanuts.

    (a) Prior to, or upon, arrival of a foreign-produced peanut lot at a 
port-of-entry, the importer, or customs broker acting on behalf of the 
importer, shall mail or send by facsimile transmission (fax) a copy of 
the Customs Service entry documentation for the peanut lot or lots to 
the Inspection Service office that will perform sampling of the peanut 
shipment. More than one lot may be entered on one entry document. The 
documentation shall include: the Customs Service entry number; the 
container number(s) or other identification of the lot(s); the volume of 
the peanuts in each lot being entered, the inland shipment destination 
where the lot will be made available for inspection; and a contact name 
or telephone number at the destination. The inspection office shall 
sign, stamp, and return the entry document to the importer. The importer 
shall cause a copy of the relevant entry documentation to accompany each 
peanut lot and be presented to the Inspection Service at the time of 
inspection.
    (b) Importers shall report to AMS the entry number, container 
number, and inspection certificate of those peanuts which are sampled 
and inspected but which are subsequently exported as excess of the 
peanut import quota. Peanuts for which an import application is filed 
with the Customs Service, and which are not sampled and inspected, but 
which are subsequently exported as excess of quota, shall not be 
reported to USDA.
    (c) Early arrival and storage. Peanut lots sampled and inspected 
upon arrival in the United States, but placed in storage for more than 
one month prior to beginning of the quota year for which the peanuts 
will be entered, must be reported to USDA at the time of inspection. The 
importer shall file copies of the Customs Service documentation showing 
the volume of peanuts placed in storage and location, including any 
identifying number of the storage warehouse. Such peanuts should be 
stored in clean, dry warehouses and under cold storage conditions 
consistent with industry standards. USDA may require re-inspection of 
the lot at the time the lot is declared for entry with the Customs 
Service.
    (d) Additional standards. (1) Nothing contained in this section 
shall preclude any importer from milling or reconditioning, prior to 
importation, any shipment of peanuts for the purpose of making such lot 
eligible for importation into the United States. However, all peanuts 
entered for human consumption use must be certified as meeting the 
quality standards specified in Sec.  996.31(a) prior to such 
disposition. Failure to fully comply with quality and handling standards 
as required under this section, will result enforcement action by USDA.
    (2) Imported peanut lots sampled and inspected at the port-of-entry, 
or at other locations, shall meet the quality standards of this part in 
effect on the date of inspection.

[[Page 728]]

    (3) A foreign-produced peanut lot entered for consumption or for 
warehouse may be transferred or sold to another person: Provided, That 
the original importer shall be the importer of record unless the new 
owner applies for bond and files Customs Service documents pursuant to 
19 CFR 141.113 and 141.20: And provided further, That such peanuts must 
be certified and reported to USDA pursuant to Sec.  996.71 of this part.
    (4) The provisions of this section do not supersede any restrictions 
or prohibitions on peanuts under the Federal Plant Quarantine Act of 
1912, the Federal Food, Drug and Cosmetic Act, any other applicable 
laws, or regulations of other Federal agencies, including import 
regulations and procedures of the Customs Service.

[67 FR 57140, Sept. 9, 2002, as amended at 68 FR 1158, Jan. 9, 2003]

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