[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR327.10]



[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. 327.10  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



[[Page 349]]



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 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]