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tion 5 of said act' and by regulations prescribed by the Secretary of Health, Education, and Welfare (21 CFR 285.20285.32).

(d) Customs officers and employees shall perform such functions as are necessary or proper on their part to carry out the regulations referred to in paragraphs (a), (b), and (c) of this section. § 12.2 Shippers' declarations.

The regulations referred to in § 12.1 (b) require that each invoice of economic poisons and devices be accompanied by a prescribed declaration of the shipper.

hydroxide and 'hartshorn,' in a concentration of 5 per centum or more." (15 U. S. C. 402 (a))

5"(a) Whenever in the case of any dangerous caustic or corrosive substance being offered for importation the Secretary of Agriculture has reason to believe that such substance is being shipped in interstate or foreign commerce in violation of section 403 of this title, he shall give due notice and opportunity for hearing thereon to the owner or consignee and certify such fact to the Secretary of the Treasury, who shall thereupon (1) refuse admission and delivery to the consignee of such substance, or (2) deliver such substance to the consignee pending examination, hearing, and decision in the matter, on the execution of a penal bond to the amount of the full invoice value of such substance, together with the duty thereon, if any, and to the effect that on refusal to return such substance for any cause to the Secretary of the Treasury when demanded, for the purpose of excluding it from the country or for any other purpose, the consignee shall forfeit the full amount of the bond.

"(b) If, after proceeding in accordance with subdivision (a), the Secretary of Agriculture is satisfied that such substance being offered for importation was shipped in interstate or foreign commerce in violation of any provision of this chapter, he shall certify the fact to the Secretary of the Treasury, who shall thereupon notify the owner or consignee and cause the sale or other disposition of such substance refused admission and delivery or entered under bond, unless it is exported by the owner or consignee or labeled by him so as to conform to the law within three months from the date of such notice, under such regulations as the Secretary of the Treasury may prescribe. All charges for storage, cartage, or labor on any such substance refused admission or delivery or entered upon bond shall be paid by the owner or consignee. In default of such payment such charges shall constitute a lien against any future importations made by such owner or consignee." (15 U.S. C. 405)

§ 12.3

Release under bond.

No food, drug, device, cosmetic, e nomic poison or device, or danger caustic or corrosive substance shall be leased to the consignee prior to the port of examination by the Departm of Health, Education, and Welfare or Department of Agriculture, as the c may be or a determination by the r resentatives of such agency or depa ment that such examination is necessary, except upon the giving o bond on customs Form 7551, 7553, other appropriate form containing condition for the return to customs c tody of the merchandise or any p thereof upon demand of the collector customs at any time.

§ 12.4 Exportation.

Exportation of merchandise refu admission into the United States un the Federal Food, Drug, and Cosme Act, the Federal Insecticide, Fungici and Rodenticide Act, or the Fede Caustic Poison Act shall be under c toms supervision in accordance with i regulations set forth in §§ 18.25 and 18 of this chapter.

§ 12.5 Shipment to other ports.

When imported merchandise subject the provisions of the Federal Food, Dr and Cosmetic Act, the Federal Insec cide, Fungicide and Rodenticide Act, the Federal Caustic Poison Act is shipp to another port for reconditioning or € portation, such shipment shall be un a customs carrier's manifest, custo Form 7512, in the same manner as sh ments in bond.

§ 12.6 Suspension of liquidation.

(a) The liquidation of each entry co ering foods, drugs, devices, cosmeti economic poisons or devices, or dange ous caustic or corrosive substances sh be suspended until it is determin whether admission of the merchand into the United States is permitted und the law.

(b) In any case where the admissi of such merchandise into the Unit States is refused and the merchandise exported or destroyed under prop supervision, the merchandise is exem from duty and any duties collect thereon shall be refunded. See §§ 8. (b) and 15.5 of this chapter.

(Sec. 558, 46 Stat. 744, as amended; 19 U. S. 1558)

MILK AND CREAM

12.7 Permits required for importation.

(a) Under the act of February 15, 27 (44 Stat. 1101; 21 U. S. C. 141-149), mmonly known as the Federal Import ilk Act, the importation into the United ates of milk and cream is prohibited dess the person by whom such milk cream is shipped or transported into e United States holds a valid permit om the Department of Health, Educan, and Welfare. Such permits beme invalid at the end of one year uns applications for renewal are filed lor to the date of expiration.

(b) The regulations of the Departent of Health, Education, and Welfare der the said act require that each ntainer of milk or cream shipped or ansported into the United States by permittee shall have firmly attached ereto a tag showing in clear and legitype the product (raw milk, pasteurd milk, raw cream, or pasteurized eam) the permit number and the me and address of the shipper; except at in case of unit shipments consisting -milk only or cream only under one rmit number, each container need not 150 marked if the vehicle of transportion is sealed and tagged with the Ove-mentioned tag. In such case the is required to show, in addition to e other required information, the numr of containers and the contents of ch. Customs officers shall not permit e importation of any milk or cream at is not tagged in accordance with ch regulations.

MEAT AND MEAT-FOOD PRODUCTS 12.8

Inspection; bond; release.

(a) All imported meat, meat-food oducts, horse meat and horse meatod products offered for entry into the

'See Appendix XXI, Customs Regulations 1943.

The term "meat and meat-food products," r the purpose of this section, shall include ly imported article of food or any imported ticle which enters or may enter into the mposition of food for human consumption, hich is derived or prepared in whole or in irt from any portion of the carcass of any ittle, sheep, swine, or goat, if such portion all or a considerable and definite portion the article, except such articles as organoterapeutic substances, meat juice, meat tract, and the like, which are only for edicinal purposes and are advertised only the medical profession.

United States are subject to the regulations prescribed by the Secretary of Agriculture under section 306, Tariff Act of 1930. 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 Meat Inspection Division, Agricultural Research Service, 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 7551, 7553, or other

8"(a) Rinderpest and foot-and-mouth disease. If the Secretary of Agriculture determines that rinderpest or foot-and-mouth disease exists in any foreign country, he shall officially notify the Secretary of the Treasury and give public notice thereof, and thereafter, and until the Secretary of Agriculture gives notice in a similar manner that such disease no longer exists in such foreign country the importation into the United States of fresh, chilled, or frozen beef, veal, mutton, lamb, or pork, from such foreign country, is prohibited.

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"(b) Meats unfit for human food. meat of any kind shall be imported into the United States unless such meat is healthful, wholesome, and fit for human food and contains no dye, chemical, preservative, or ingredient which renders such meat unhealthful, unwholesome, or unfit for human food, and unless such meat also complies with the rules and regulations made by the Secretary of Agriculture. All imported meats shall, after entry into the United States in compliance with such rules and regulations, be deemed and treated as domestic meats within the meaning of and subject to the provisions of the Act of June 30, 1906 (Thirtyfourth Statutes at Large, page 674), commonly called the 'Meat Inspection Amendment,' and the Act of June 30, 1906 (Thirtyfourth Statutes at Large, page 768) commonly called the 'Food and Drugs Act,' and acts amendatory of, supplementary to, or in substitution for such Acts.

"(c) Regulations. The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section, and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all cattle, sheep, and other domestic ruminants, and swine, and of all meats, offered for entry and refused admission into the United States, unless such cattle, sheep, domestic ruminants, swine, or meats be exported by the consignee within the time fixed therefor in such rules and regulations." (Tariff Act of 1930. sec 306; 19 U. S. C. 1306)

See regulations in Appendices XII and XIII, Customs Regulations of 1943.

appropriate form, 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 Meat Inspection Division, Agricultural Research Service, 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 bonds taken under this section, if not in excess of $20,000, and if a written application for relief is filed, may be canceled by the collector of customs 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 collector shall not act under this paragraph unless the officer in charge of the local office of the Meat Inspection Division, Agricultural Research Service, Department of Agriculture, is in full agreement with the proposed action. If there is no local inspector of the Meat Inspection Division, the collector shall not act unless he has obtained the full agreement of the Meat Inspection Division in Washington.

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No meat, meat-food products, a animal casings shall be released for fins delivery to the consignee until th collector of customs is advised by th Department of Agriculture, or its repre sentative, that the merchandise admissible.

PLANTS AND PLANT PRODUCTS

§ 12.10 Regulations and orders of th Departure of Agriculture.

The importation into the United State of plants and plant products is subjec to regulations and orders of the Depart ment of Agriculture restricting or pro hibiting the importation of such plant and plant products. Customs officer and employees shall perform such func tions as are necessary or proper on the part to carry out such regulations and orders of the Department of Agricultun and the provisions of law under which they are made.

(Secs. 1-9, 11, 37 Stat. 315, as amended, 316 317, 318, as amended, 319, 87 Stat. 854; | U.S.C. 151-162)

§ 12.11 Requirements for entry and re lease.

(a) The importer or his representa tive shall submit to the collector a the port of first arrival, for each entr of plants or plant products requiring plant quarantine permit, a notice of ar rival for any type of entry except re warehouse and informal mail entries Such notice shall be on a form provided for the purpose by the Department d Agriculture. The collector at the port o arrival shall compare the notice of ar rival which he receives from the importe or his representative with the shipping documents, certify its agreement there with, and transmit it, together with an accompanying certificates or other docu ments pertaining to the sanitary status of the shipment, to the Department of Agriculture. The merchandise may no be moved, stored, or otherwise disposed of until the notice of arrival has been submitted and release for the intended purpose has been authorized by an inspector of the Plant Quarantine Division Agricultural Research Service.

(b) Where plant or plant products are shipped from the port of first arrival to another port or place for inspection or other treatment by a representative of the Plant Quarantine Division and all

ustoms requirements for the release of le merchandise have been met, the merhandise shall be forwarded under a ecial manifest (customs Form 7512) ad in-bond labels or customs seals to le representative of the Plant Quaranne Division at the place at which the spection or other treatment is to take lace. No further release by the collecr of customs shall be required.

12.12 Release under bond.

Plants or plant products which reire fumigation, disinfection, sterilizaon, or other treatment as a condition of itry may be released to the permittee r treatment at a plant approved by the epartment of Agriculture upon the ving of a bond on customs Form 7551, 153, or other appropriate form to insure at the merchandise is treated under te supervision and to the satisfaction f an inspector of the Department of griculture or returned to customs cusdy when demanded by the collector of ustoms.

12.13

Unclaimed shipments.

(a) If plants or plant products enterble into the United States under the ales and regulations promulgated by the ecretary of Agriculture are unclaimed, hey may be sold subject to the provisions

§§ 20.5 and 20.6 of this chapter to ny person to whom a permit has been ssued who can comply with the requireents of the regulations governing the aterial involved.

(b) Unclaimed plants and plant prodcts not complying with the requirenents mentioned in this section shall be estroyed, by burning or otherwise, uner customs supervision.

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(a) Collectors of customs shall refuse elease of all plants or plant products with respect to which a notice of proibition has been promulgated by the Secretary of Agriculture under any of the Various quarantines. If an importer efuses to export a prohibited shipment mmediately, the collector shall report the facts to the Plant Quarantine Division and the United States attorney and withhold delivery pending advice from that Bureau.

(b) In case of doubt as to whether any plant or plant product is prohibited, the collector shall detain it pending advice from the Department of Agriculture.

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§ 12.15 Disposition; refund of duty.

Plants or plant products which are prohibited admission into the United States under Federal law or regulations and are exported or destroyed under proper supervision are exempt from duty and any duties collected thereon shall be refunded. (See $8.49 (b) and 15.5 of this chapter.)

(Sec. 558, 46 Stat. 744, as amended; 19 U.S.C. 1558)

AGRICULTURAL AND VEGetable SeedS

§ 12.16 Joint regulations of the Secre tary of the Treasury and the Secretary of Agriculture.

(a) The importation into the United States of agricultural and vegetable seeds and screenings thereof is governed by rules and regulations prescribed jointly by the Secretary of the Treasury and the Secretary of Agriculture under section 402(b) of the Federal Seed Act of August 9, 1939."

(b) Under the said joint rules and regulations, collectors of customs are required to draw samples of such seeds and screenings, forward them to the seed laboratories, and notify the owner or consignee that such samples have been drawn and that the shipment shall be held intact pending a decision of the Grain Division, Agricultural Marketing Service, in the matter.

(c) It is further provided in said joint rules and regulations that after samples have been drawn such seeds and screenings shall be admitted into the commerce of the United States only if they have been found to meet the requirements of the Federal Seed Act of August 9, 1939, and the said regulations, but if the containers bear sufficient marks of identification the collector of customs may release the shipment, pending examination and decision in the matter, upon the giving of a bond conditioned upon the return to customs custody of the seed or screenings or any part thereof upon demand of the collector of customs at any time. Such bond shall be on customs Form 7551, 7553, or other appropriate form, and shall be filed with the collector of customs who, in case of default, shall take appropriate action to effect the collection of the liquidated damages equal to the invoice

See Appendix XIV, Customs Regulations

of 1943.

value of the entire shipment plus the estimated duty thereof, if any.

(Sec. 402 (b), 53 Stat. 1285; 7 U. S. C. 1592 (b))

VIRUSES, SERUMS, AND TOXINS FOR TREATMENT OF DOMESTIC ANIMALS

§ 12.17 Importation restricted.

The importation into the United States of viruses, serums, toxins, and analogous products for use in the treatment of domestic animals is prohibited 10 unless the importer holds a permit from the Department of Agriculture covering the specific product. The collector of customs shall notify the Animal Inspection and Quarantine Division, Agricultural Research Service, Department of Agriculture, Washington, D.C., of the arrival of any such product, and detain it until he shall receive notice from that Department that a permit to import the shipment has been issued.

(37 Stat. 832, 833; 21 U. S. C. 151–158) § 12.18

Labels.

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Each separate container of such virus, serum, toxin, or analogous product imported is required by the regulations of the Department of Agriculture to bear the true name of the product and the permit number assigned by the Department of Agriculture in the following form: "U.S. Veterinary Permit No. or an abbreviation thereof authorized by the Animal Inspection and Quarantine Division, Agricultural Research Service. Each separate container also shall bear a serial number affixed by the manufacturer for identification of the product with the records of preparation thereof, together with a return date. § 12.19 Detention; samples.

(a) The collector of customs shall detain all shipments of such products for which no permit to import has been issued pending instructions from the Department of Agriculture.

(b) Samples shall be furnished to the Department of Agriculture upon its request, and the collector shall immediately notify the consignee of any such request.

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The bringing into the United States for sale, barter, or exchange of any virus therapeutic serum, toxin, antitoxin, or analogous product applicable to the prevention and cure of diseases of man is prohibited unless such virus, serum toxin, antitoxin, or product has been propagated and prepared at an establishment holding an unsuspended and unrevoked license for such propagation." (Sec. 351, 58 Stat. 702; 42 U.S.C. 262)

§ 12.22 Labels; samples.

Each package of such products imported for sale, barter, or exchange shall be labeled or plainly marked with the name of the article, the name, address, and license number of the manufacturer, and the date beyond which the contents cannot be expected to yield their specific results. Samples of the same lot or laboratory number shall accompany each importation for sale, barter, or exchange, and such samples shall be forwarded by the collector of customs to the National Institute of Health of the United States Public Health Service at Washington, D. C.

(Sec. 351, 58 Stat. 702; 42 U.S.C. 262)
§ 12.23 Detention; examination;
position.

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(a) Collectors of customs shall detain all importations of viruses, serums, toxins, antitoxins, and analogous products for the treatment of the eases of man pending examination by the National Institute of Health, unless satisfied from evidence furnished at the time of entry, in the form of an affidavit or otherwise, that the products are not intended for sale, barter, or exchange.

(b) If the shipment is imported for sale, barter, or exchange and is found by the National Institute of Health to be admissible, the collector shall release it upon receipt of a report from the Public Health Service that the article is admissible.

(c) If the Public Health Service reports that the article was found upon examination not to conform to the law

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