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$300 US Customs Fine for Undeclared Food?

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Old May 27, 2011, 8:39 am
  #106  
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While these questions are generally CBP forms and interview, they are part of Dept. of Agriculture authotity which generally does not conduct separate examinations & inspections. However DOA takes violations seriously. In addition to the other parade of horribles, consider that if caught, you will likely wind up on a watch list meaning that you will be subjected to secondaries time and again untilt he "watch" goes away.

Don't be paranoid, but food is food. If you tell them you have a package of crackers, that is better than not telling them and getting caught.
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Old May 27, 2011, 11:35 am
  #107  
 
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What you don't do is put away your customs form before the proper spot, then when asked for it reach in and pull out the orange that's in the way to get to it. Saw that happen to a couple in front of me getting off a cruise once, they got sidetracked.
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Old May 27, 2011, 3:50 pm
  #108  
 
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Originally Posted by catocony
Yes, and I've heard about people getting speeding tickets for driving 6 miles over the speed limit too. Personally I wouldn't bring half a sandwich off the plane with me, but if so and even if it was found, you're not going to get fined for something like that since you're very clearly not trying to smuggle something. You left a sandwich in your bag, or an apple, or whatever you planned to eat on the plane and didn't. That happens countless times each day, and I doubt that any of those people get fined and probably a very, very small percent of them are even singled out.
I could not disagree more. If you check "no" to the "food" box on your form, and you have food, you have just lied to a federal agency. Just declare the stuff, period. It'll cost you 5 extra seconds to explain what you have and be cleared to go on your way.

If you KNOW that what you're carrying is forbidden (quantity is irrelevant), then you're asking for trouble trying to sneak through.

This isn't one of those "I'm standing up for my rights, they don't need to detain/harass me" things. Courts say you have to submit to this one.

If you think these checks aren't important, just take a look at that scary snakefish thing that was found in Maryland. (and before you say it, no, I'm not comparing a smuggled Chinese snakefish to a piece of fruit from France, but you don't get to decide what's safe and what's not)
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Old May 27, 2011, 9:26 pm
  #109  
 
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Originally Posted by SFOSpiff
I could not disagree more. If you check "no" to the "food" box on your form, and you have food, you have just lied to a federal agency. Just declare the stuff, period. It'll cost you 5 extra seconds to explain what you have and be cleared to go on your way.
^

This was like before the GE kiosks changed the food question to be less ambiguous. I remember right after I entered the program the questions were similar if not identical to the blue customs form. It just asked if you were bringing in any food and would 'X' you if you selected yes. Now, the question is a lot more specific. (I assume this is in response to feedback from GE members.) Due to this, I would never even bring back a candy bar to avoid being delayed with an X receipt.

However, you have nothing to lose except the food by declaring food items even if they can't enter the country you are visiting. Yes, people do forget that apple or orange they placed in their carryon from lunch before their flight left, and it's no big deal if the beagle catches you - most of the time. However, technically you have made a false statement. Knowingly or unknowingly is the key, but I have witnessed people being hassled and fined in Australia for bringing in legal snacks and food that simply were not declared.
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Old May 28, 2011, 3:53 pm
  #110  
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Originally Posted by Majuki
^

This was like before the GE kiosks changed the food question to be less ambiguous. I remember right after I entered the program the questions were similar if not identical to the blue customs form. It just asked if you were bringing in any food and would 'X' you if you selected yes. Now, the question is a lot more specific. (I assume this is in response to feedback from GE members.) Due to this, I would never even bring back a candy bar to avoid being delayed with an X receipt.

However, you have nothing to lose except the food by declaring food items even if they can't enter the country you are visiting. Yes, people do forget that apple or orange they placed in their carryon from lunch before their flight left, and it's no big deal if the beagle catches you - most of the time. However, technically you have made a false statement. Knowingly or unknowingly is the key, but I have witnessed people being hassled and fined in Australia for bringing in legal snacks and food that simply were not declared.
I think you're saying that the Global Entry kiosks have reworded the food question to avoid X'ing people who are simply bringing in candy bars, etc. If so, that's great news. I almost always buy candy overseas, but have also made the boneheaded mistake of carrying Costco-purchased turkey jerky (good travel snack) with me overseas, never eating it (or even opening the bag), then having to declare it when returning to the US...big fat GE X got me sent to the head of the line, and to the ag inspection station. My vow for future travel: Eat all jerky before flying home!
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Old May 28, 2011, 4:29 pm
  #111  
 
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Originally Posted by William S
In Australia there is an AUD 220 fine even if the food is allowed. And they will catch you since all bags are screened.
I actually had some Australian inspector scoff at me for declaring 2 packs of chewing gum. I told him that if his country were more consistent and less crazy about such declarations, I wouldn't have wasted his time. He laughed and agreed as he sent me on.

Originally Posted by flyinbob
Australia is insane about it. I flew on UA to MEL, stopping in SYD to change planes, but not through customs. I bought a candy bar in SYD, got on the short flight to MEL, and in MEL went through customs. They got all pissy about the candy being "brought into the country", until I showed them the receipt that I bought it in SYD. Even then they tried lecturing about their "rules".
They are truly stupid at times.

Originally Posted by rsh913
In general I always declare yes. The penalty is about 400$. Attached below is a list of food items allowed / not allowed fyi.

Food and Agricultural Products
Declare all agricultural products when entering the U.S.
A. Food Products which can be taken into the U.S.
Stroopwafels and other kinds of baked goods, such as breads, cookies, cakes and bakery items
Oliebollen
Hagelslag (chocolate sprinkles)
Drop (licorice)
Pindakaas (Dutch peanut butter)
Cheese (only vacuum packed and pasteurized, no cheeses made of raw milk). Most Dutch cheeses like Gouda, Edam and Leerdam are allowed
Coffee
Powdered baby formula
Gluten-free food
Fish
Sweets and chocolate

B. Food Products which cannot be taken into the U.S.
Meat and meat products (also products containing meat, such as soups)
Fresh fruits or vegetables
Absinth
Sweets filled with alcohol

C. Alcoholic Beverages
Nonresidents who are at least 21 years old may bring in, free of duty and internal revenue tax, up to one liter of alcoholic beverage - beer, jenever, Beerenburg, kruidenlikeur, advocaat, wine, liquor - for personal use. Quantities above the one-liter limitation are subject to duty and internal revenue tax.

In addition to U.S. federal laws, the traveler must also meet state alcoholic beverage laws which may be more restrictive. If the state in which you arrive permits less liquor than you have legally brought into the United States, that State's laws apply to your importation of alcoholic beverages.

The shipment of alcoholic beverages by mail is prohibited by United States postal laws.

D. Tobacco
You are permitted to bring 100 cigars or 200 cigarettes (one carton) into the U.S. duty free. Cuban cigars are prohibited.

E. Bulbs (bloembollen)
Bringing bulbs to the U.S.? Look for an official white sticker on the package that says:

"To the Plant Protection Service of the United States and Canada"
The botanical name
The date of issuance of the sticker

If the sticker is not there, the bulbs will be seized.
Actually, raw milk cheese is allowed if it has been aged a certain number of days (I think it is 60, but this is easily available by Google). Also, I believe the absinthe ban has been removed for most brands.

Originally Posted by tev9999
TSA and Customs/Border Protection are entirely different personnel. CBP are well educated, trained, law enforcement officers complete with guns and arrest powers. They will understand what is/is-not admissible, but you can still run into the occasional power-tripping jerk.
I disagree that CBP are necessarily well educated or well trained. Indeed, I think they are more likely to be gung ho, racist, xenophobic types who harass people.

Originally Posted by chgoeditor
I think you're saying that the Global Entry kiosks have reworded the food question to avoid X'ing people who are simply bringing in candy bars, etc. If so, that's great news. I almost always buy candy overseas, but have also made the boneheaded mistake of carrying Costco-purchased turkey jerky (good travel snack) with me overseas, never eating it (or even opening the bag), then having to declare it when returning to the US...big fat GE X got me sent to the head of the line, and to the ag inspection station. My vow for future travel: Eat all jerky before flying home!
GE kiosks have been fixed to reflect a more specific cross-section of "food" for a while now.
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Old May 29, 2011, 5:10 am
  #112  
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fwiw, i'm constantly buying candy, gum and cookies in other countries as a souvenir. i have global entry, and was checking 'yes' to food and getting the X every time, until one agent said to me 'cookies and chocolates aren't food, you don't have to check yes.'

ymmv, but that is what the guy told me. i'm very careful not to purchase anything that might be suspect--fruits, meats, cheeses, etc.--but i figure the agent told me i don't have to check 'yes' for my candy bar, so i don't.
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Old May 29, 2011, 5:21 am
  #113  
 
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Call me paranoid, but I buy nothing when I am out of the country that is not either consumed or declared.
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Old May 29, 2011, 5:24 am
  #114  
 
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Per the regs posted in #18, I violate a few rules! I regularly bring back food and drink from wherever I am traveling, to give Mr. P1 a taste. Cheeses and sausage is always a big hit, and goes well with the local brews I carry home. I also have brought home mounds of chocolates filled with alcohol, so another mark against me. Can't say I have ever checked the little box.


Thanks for reminding me of the yummy stroopwafels! I live the chocolate covered ones!
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Old May 29, 2011, 5:45 am
  #115  
 
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Originally Posted by InkUnderNails
Call me paranoid, but I buy nothing when I am out of the country that is not either consumed or declared.
Paranoid.
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Old May 29, 2011, 5:52 am
  #116  
 
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Originally Posted by karenkay
fwiw, i'm constantly buying candy, gum and cookies in other countries as a souvenir. i have global entry, and was checking 'yes' to food and getting the X every time, until one agent said to me 'cookies and chocolates aren't food, you don't have to check yes.'

ymmv, but that is what the guy told me. i'm very careful not to purchase anything that might be suspect--fruits, meats, cheeses, etc.--but i figure the agent told me i don't have to check 'yes' for my candy bar, so i don't.
The GE food question has been modified to be clearer so you don't have to check yes. The blue customs form is more general and just asks about 'food' as one of the items in 11a. The GE question asks about more specific things. If you are just bringing in cookies and candy now you can truthfully answer no to the GE question as it is now worded to avoid the X.

Until the wording of the question was changed, I would be very careful not to bring in food - even something as benign as tic-tacs - so I wouldn't have to answer yes and get the X.
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Old May 29, 2011, 6:56 am
  #117  
 
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Originally Posted by Princess1
Per the regs posted in #18, I violate a few rules! I regularly bring back food and drink from wherever I am traveling, to give Mr. P1 a taste. Cheeses and sausage is always a big hit, and goes well with the local brews I carry home. I also have brought home mounds of chocolates filled with alcohol, so another mark against me. Can't say I have ever checked the little box.


Thanks for reminding me of the yummy stroopwafels! I live the chocolate covered ones!

The sausage could land you in big trouble if you get caught. Don't know about the liquor-filled chocolates -- thought that got changed?
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Old May 29, 2011, 10:08 am
  #118  
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From reading the "rules" water does NOT count as food. When one flies business class (and higher) on most airlines, they give you complimentary bottles of water, which I usually take with me for my return trip home (after a 6+ hour trip one gets thirsty and having the water helps.)
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Old May 29, 2011, 5:18 pm
  #119  
 
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Originally Posted by karenkay
fwiw, i'm constantly buying candy, gum and cookies in other countries as a souvenir. i have global entry, and was checking 'yes' to food and getting the X every time, until one agent said to me 'cookies and chocolates aren't food, you don't have to check yes.'

ymmv, but that is what the guy told me. i'm very careful not to purchase anything that might be suspect--fruits, meats, cheeses, etc.--but i figure the agent told me i don't have to check 'yes' for my candy bar, so i don't.
The only problem with that is that individual officers can exercise a lot of discretion, i.e. power. I hope you have that guy's name and official I.D. number when another one asks "Who told you that?"

We're in Australia at the moment and were waved through this time as others have described. We had written "coffee" and "cookies" on our form.

We do the same when re-entering the U.S. We check "Yes" for food and write in tiny print, coffee, chocolate bars, cookies, or whatever in the space. Never a problem.

In the good old days when one could still carry wine in carry-ons the officer said, "Wine's not a food," and I answered "It's a great food." He actually smiled and that was that.

Apropos of this, somebody should post that video of the woman getting fined on entry to New Zealand for not declaring an apple handed out on the Australia-New Zealand flight by Qantas IIRC.
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Old May 29, 2011, 9:32 pm
  #120  
 
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Originally Posted by Rommie2k6
Ok it seems that the CBP check aren't all that ridiculous based on the various posts here. I'm just trying to avoid a situation where one declare a legally allowed foodstuff (e.g. biscuits) and gets delayed for one hour because some overzealous and brainless TSA person decides to dig out all your stuff and you are left having to spend another hour trying to squeeze everything back in.

I've seen shows on the crazy overzealous TSA-equivalents in Australia. Some of those jerks even cut apart your luggage to check for stuff, and I'm pretty sure they don't compensate you for the damages.
I brought some chocolate covered biscuits back into the US from the UK yesterday and declared it. The immigration officer said they sounded delicious, and the customs inspector didn't say two words about them. It's not a big deal.
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