Removing CBP red flag?
 

Hi, I was wondering if you all can help me with a few questions. I was fined $300 for failing to declare half a pound of pork jerky last month in Minneapolis. I suspect that I will be flagged for secondary inspection
and questioning in all instances of future travel. Is there a way to remove this red flag from my file? I have learned my lesson and will not repeat this transgression again. If it is not possible to remove this penalty from my file, will I be red flagged during domestic trips as well? Thank you for any help you can provide.

Shouldn't affect domestic travel. I got on some kind of CBP list for unclear reasons a few years back and got secondaried like 4-5 times in a row over a few months, then the red flag disappeared just as mysteriously as it appeared and I haven't been secondaried again in dozens of trips. So I think "being on the CBP harassment list" tends to be a transitory condition that tends to go away after a few trips.

Just plan on being hassled on your next few trips.

I'm curious, what exactly did they expect you to do? I brought in a bunch of candy, dried tea, and jerky from China last year. I just checked the 'Food' box on the form but provided no other details. I went through the green line, the CBP agent asked me what type of food it was and I told him. He said OK and let me go. I brought some small bottles of Brandy and a bunch of chocolate back from Paris the year before, I never declared it on the form or at customs, no one ever said anything, though I could tell my bag was searched. I just wonder what triggers them to pounce on people over trivial things.

I would imagine it is the actual type of food you bring in!

I suspect there is a rather significant "quarantine" difference in risk between a block of chocolate and dried meat...

I dunno.. perhaps it's because I come from a country free of many nasty plant and animal diseases.. but it seems to me if you fail to declare foodstuffs.. then the fine etc is hardly harassment.

Breaching quarantine regulations is trivial? Sorry.. I'll have to disagree on that one...

Like many folks I dislike the security theatre we have at airports these days... but I don't complain about the quarantine measures... YMMV.. of course.

What did they expect the OP to do? Declare the stuff!

As VelvetJones points out, often the items are looked at and waved through.... The commercially packaged Tim Tams I take to friends in the US always get the nod.....but I still must declare them... every time.

I think the OP will probably receive extra scrutiny... but only for a while... unless of course they do it again...:eek: :D Just take a deep breath and work through it....

I think you are missing the point of the post: The OP doesn't regard the fine itself as harassment; the OP is worried about future harassment based on a record of violating Customs law.

I, personally, would not call it harassment.

As I understand it: A particular person was found to be in violation of Customs reporting requirements and/or importation laws. The particular violation could (note I didn't say would) have a significant impact on the farming economy in the USA under certain circumstances. The particular individual was "fined" and placed on a watch list as a result of this incident.


Isn't this what a lot of people are screaming for in relation to security? That is: A particular actor being identified as being a potential threat to the U.S.A. [economic security] and the Government acting to catch the actor before any damage is done. The Government should then take appropriate action against said actor such as placing said actor on a watch list for future scrutiny based upon demonstrated actions. The Government should remove said actor from the watch list when and if the identified actor no longer to poses a [significant] danger/threat so the Government resources can be properly utilized.

I would note that it may be likely that any other persons identified as accompanying said actor in the future (and prior to said actor's removal from the watch list) may also be subject to increased scrutiny.

I do understand the reasons for food checks. Pests brought from other countries can be devastating. I just wonder what makes them fine some people and simply confiscate the contraband from others. As I said, I brought in packaged jerky from China, they didn't seem to care at all. The tea I had was in little tins, but was otherwise loose. I actually thought that the tea would draw the ire of Customs, but the only people that complained was the TSA. Even in that case they just looked inside a couple of the tins.

I wouldn't be surprised if you were flagged for secondary Customs, or at least sent to Agriculture for the next few trips.

I often bring in some type of food and always declare it. If I'm on a farm / pasture / ranch, I check yes.

Worst thing that happens is I get sent to Agriculture, I may have to answer a few simple questions about why I checked the box (i.e. where exactly did I go, what livestock or animals did I come in contact with, etc), and they x-ray my baggage at Agriculture. X-ray is quick and no biggie.

I'd only consider it harassment if it crosses a line.

For example, I have dealt with secondary Customs harassment at DTW on several occasions. There was a period where they always put me thru secondary (typically coming in from London / Amsterdam / Frankfurt).

Q & A included playing good cop / bad cop over whether I used any drugs while abroad. Truthful answer was no -- second CBP officer goes "no big deal if you did (uses hand actions of smoking a joint), we just want to know the truth" - again, No. Several of the questions were just outright offensive. Some of the questions way too invasive. When you're questioned in an aggressive manner, with abrasive language, for 30 minutes it's harassment. I don't know if I was wrongly flagged or fit a profile - which I could understand on AMS flight .. but DTW pulled this regardless of origin --- just search my luggage.

Thankfully Agriculture has always been professional.

Anyone else? I have heard that it's possible to amend my record. If anyone has gone through such a process, please elaborate.

Same here.. when I bring food back, from any country, I always mark "Food" on the form. They ask what it is and I tell them and show them (I keep all the food stuff in a bag for inspection. I have brought back beek jerky and cheese from numerous places. They are looking for fresh meat, fruits and veggies. If you declare it, you will never get in trouble. If it is not allowed, they just take it.

The OP will definitely get some extra attention from agriculture quarantine inspectors when entering the US. As long as s/he doesn't do it again, it means spending an extra 5-10 minutes in the airport on inbound trips. No big deal.

I wish Americans took quarantine as seriously as most Australians and New Zealanders do. Quarantine isn't a joke here in the world's #1 producer of fresh citrus, #3 of wheat, #1 of beef, etc. either.

Forgive my lack of sympathy for the OP, but it takes less than a second to tick the "yes" box on the customs form and barely a second to say "yes" to the agriculture inspector who asks if you have any meat. I can't speak for any other country, but in the United States you can never be fined for an agriculture product in baggage that is declared either on the form or verbally to the inspector. The fine is not for importing or attempting to import the item. The fine is for failure to declare, and by the time you get fined, you've failed to declare the item in question at least twice.

As far as amending a "record", there's no "record" in the sense of a criminal record to amend. Once CBP is satisfied that the OP won't do it again, s/he may be able to skip the trip to agriculture. The only way to avoid that would have been to declare the meat instead of trying to sneak it in. It definitely will not affect domestic travel, since CBP only inspects international passengers.

The OP made a mistake - with the $300 fine, you can bet the OP will not make that mistake again.

The Agriculture process in the US isn't really a huge deal - it is different than secondary customs. In some respects, I wish we would take our agriculture more seriously here in the US. We've done good at keeping some pests out, but how about building quarantine (Agriculture) into an SOP of some type. Many nations with strict quarantine do a bag x-ray of your belongings looking for items of interest that may carry pests. Said x-ray could also play a dual customs role in looking for other contraband.

I'm quite familiar with NZ and Australia Quarantine (Agriculture) and they take things seriously.

Sometimes in my travels, I don't plan on visiting a farm, but for example, a shuttle I was on pulled up at a family owned roadside restaurant that is part of the family farm with livestock wandering about. I ate, I walked around, and in the process I encountered free-range livestock walking about. I could easily forget about it, but that is enough for me to check Yes to "Have you been on a Farm/Ranch/Pasture"

If I marked no, but CBP looked thru my camera and saw pics of the free-range chickens, you can bet that is going to start a new line of questioning.. (or saw pics of me riding a horse on a pasture). There is no reason to be dishonest with questions like that.

If I go horse back riding, that also earns a yes to the Farm/Ranch/Pasture question... typically it starts on or involves riding through Farm/Ranch/Pasture land.

I've also learned to take steps to minimize time spent in Ag. First, clean all soil off your shoes back at your hotel (or where you're staying). If you do contact livestock, be sure to wash-up afterwards. Helps if you can clean the clothes you're wearing on the trip -- if not, re-pack them into a plastic bag, prior to re-entry.

Honestly is the key with CBP officials.

I think your best bet is just to wait and see what happens on your next re-entry.

You made a mistake (we're all human, we make mistakes) - you were fined and I am certain will learn from what happened.

I could be wrong, but I suspect worst that'll happen is a couple extra questions or being referred to agriculture. Agriculture is simple to get through - it's not like a full customs secondary.

Best of luck, and welcome!

Pork products are problematic for customs inspections from an infectious disease/public health standpoint.

The 2000 outbreak of classical swine fever in the UK was reportedly caused by a traveler feeding his/her ham sandwich to a paddock of breeding sows. (Also, the African swine fever virus can remain infective for up to 140 days in salted, dried pork.) Foot and mouth disease is another concern.

Sorry for the nerd alert, but it was one of those stories that came up in an epidemiology class that was too weird to forget.