Originally Posted by
seawolf
Kinder eggs is banned due to the toy inside. I'm pretty sure chocolates with heroin inside is also prohibited.
The point is that earlier in this thread, there have been suggestions that not declaring YES to the food question when you are only bringing back allowed items (such as chocolates and candy) will result in loss of GE privileges if those allowed items are discovered in secondary.
Based on advice of two CBPOs and researching the CFR (especially amendments to declaration is allowed under 19 CFR 148.16), I have strong reasons to believe those suggestions are unfounded.
I disagree on two points.
Yes, Kinder Eggs are banned because of the toy, not the chocolate. However, how did you learn about it? Not because it's posted on signs in the customs area or because it's on the I-94.
Which leads me to my second point: CBP does not say you only have to declare banned or questionable (in your mind) foods. CBP says you declare food items,
whether or not they are allowed. It is up to CBP to make the final determination, based in part, IIRC, on their knowledge of local prohibitions that might apply.
You declare chocolate - they will decide whether or not to question you further, possibly based on where you are coming from and the time of year (Europe, just before Easter - if you declare chocolates, they may ask if you are carrying Kinder Eggs).
Sure, people have always exercised common sense when making declarations. Declare a pack of gum or a candy bar or cookies you bought overseas? Why waste everyone's time? The most that was likely to happen was a quick secondary and confiscation.
Now if you have GE, you risk losing that privilege if you get a random secondary and you have failed to declare an item. The issue is not necessarily the item, it is the requirement to declare.