Sep 6, 2018, 11:23 am
Last edit by: seawolf
Global Entry kiosks typically ask a yes/no question about whether you are bringing "food" into the country. The question is broader than on the deprecated blue form that asked about fruits, vegetables, meats, etc.
CBP answers the question of whether you must declare all "food" on its website:
CBP expects declaration to be made even if not asked by kiosk or explicitly asked by CBP officer
Yes, all food items and products must be declared when entering the U.S.
You may be able to bring in food such as fruits, meats or other agricultural products depending on the region or country from which you are traveling.
General consensus is that the best practice is to declare any "food", include candies, cookies, snacks, etc. and then inform the CBP agent about your food. Experience has been that in nearly all cases the agent will wave you through with extremely minimal delay. As explained elsewhere, the primary focus of the question is to prevent importation of fruits, vegetable, and meats that could cause harm to the American food supply, but it is safest to allow the CBP agent to make the determination.
There is some debate as to whether items one can ingest for non-nutritive reasons (e.g., gum, toothpaste, medicine) should qualify as food. There does not appear to be an answer from CBP or experience showing the proper categorization of such items.
CBP answers the question of whether you must declare all "food" on its website:
CBP expects declaration to be made even if not asked by kiosk or explicitly asked by CBP officer
Link to TTP Interview guidance letter - Thanks hourglass
Must I declare food items or products when using the Global entry kiosk?
Yes, all food items and products must be declared when entering the U.S.You may be able to bring in food such as fruits, meats or other agricultural products depending on the region or country from which you are traveling.
There is some debate as to whether items one can ingest for non-nutritive reasons (e.g., gum, toothpaste, medicine) should qualify as food. There does not appear to be an answer from CBP or experience showing the proper categorization of such items.
Global Entry Kiosks Declarations and Food Questions
Jun 3, 2014, 4:34 pm
#151
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Each of us have different acceptable tolerance for risk. Based on research and experience with secondary, this is acceptable "risk" but again I think the risk of "losing GE" is overblown (or even non-existent) by FT individuals who have not done any research at all.
In the past 15 GE eligible trips, I've been flagged twice for a secondary and both times were due to answering YES. Both times cost 15-20 minutes. Both times, the CBP officer performing the secondary indicted not to declare chocolates/sweets and that they are looking for agricultural products (meat fruit plant).
GE is authorized by the CFR quoted above. The food question is tie to that particular section of CFR and again is for declaration of restricted/prohibited goods. Even if you were to be discover carrying chocolates/sweets on a random secondary and that officer wanted to revoke GE, I think it can be argued on appeals no rule was being violated.
Going back to the first point, each of us have an acceptable level of risk. In this case, I think the risk just isn't there to begin with.
In the past 15 GE eligible trips, I've been flagged twice for a secondary and both times were due to answering YES. Both times cost 15-20 minutes. Both times, the CBP officer performing the secondary indicted not to declare chocolates/sweets and that they are looking for agricultural products (meat fruit plant).
GE is authorized by the CFR quoted above. The food question is tie to that particular section of CFR and again is for declaration of restricted/prohibited goods. Even if you were to be discover carrying chocolates/sweets on a random secondary and that officer wanted to revoke GE, I think it can be argued on appeals no rule was being violated.
Going back to the first point, each of us have an acceptable level of risk. In this case, I think the risk just isn't there to begin with.
This couple did get it revoked for repeatedly failing to declare "about 25 pounds of chick peas and five pounds of popcorn with green curry leaves."
Dulles CBP Seizes Undeclared Food in 7 of 8 Suitcases
This one for failing to declare "$6,083 amount of merchandise"
Philly CBP Assesses $6K Duty Penalty, Revokes Trusted Traveler’s Privileges
SENTRI revoked - Nogales, Ariz. CBP Officers Seize $1.55 Million in Drugs, Recover Stolen Vehicle
NEXUS revoked - Detroit CBP Seizes Undeclared Ammunition from Trusted Traveler
Dulles CBP Seizes Undeclared Food in 7 of 8 Suitcases
This one for failing to declare "$6,083 amount of merchandise"
Philly CBP Assesses $6K Duty Penalty, Revokes Trusted Traveler’s Privileges
SENTRI revoked - Nogales, Ariz. CBP Officers Seize $1.55 Million in Drugs, Recover Stolen Vehicle
NEXUS revoked - Detroit CBP Seizes Undeclared Ammunition from Trusted Traveler
Under 19 CFR 148.16
§148.16 Amendment of declaration.
(a) Before examination. A passenger shall be permitted to add an article to his declaration if, before examination of his baggage has begun, the fact that the article has not been declared is brought to the attention of the examining officer by the passenger.
(b) After examination is begun. A passenger shall be permitted to add an article to his declaration after examination of his baggage has begun if, before any undeclared article is found, the passenger advises the examining officer that he has such an article and the officer is satisfied that there was no fraudulent intent. Under no circumstances shall a passenger be permitted to add any undeclared article to his declaration after such article has been discovered by the examining officer.
(a) Before examination. A passenger shall be permitted to add an article to his declaration if, before examination of his baggage has begun, the fact that the article has not been declared is brought to the attention of the examining officer by the passenger.
(b) After examination is begun. A passenger shall be permitted to add an article to his declaration after examination of his baggage has begun if, before any undeclared article is found, the passenger advises the examining officer that he has such an article and the officer is satisfied that there was no fraudulent intent. Under no circumstances shall a passenger be permitted to add any undeclared article to his declaration after such article has been discovered by the examining officer.
Jun 3, 2014, 8:10 pm
#152
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Did a bit more digging due to press releases from CBP on incidents where trusted traveler privileges were revoked.
Under 19 CFR 148.16
I still maintain that not declaring YES to chocolates and sweets is not an issue to begin with. In practice, it seems that, even when called to secondary there is an opportunity to amend your declaration.
Under 19 CFR 148.16
I still maintain that not declaring YES to chocolates and sweets is not an issue to begin with. In practice, it seems that, even when called to secondary there is an opportunity to amend your declaration.
Interesting that a CBP officer would tell you not to declare chocolates. There is a particular type of chocolate that is forbidden - Kinder Eggs.
I have had an officer tell me the same thing: specifically, asked me why I was wasting his time. However, at the interview another CBP individual made it abundantly clear that EVERYTHING that goes in one's mouth gets declared, NO exceptions, even if it is allowed.
I'm actually more concerned now about the stringent rules (I had never been aware of them before) concerning taking prescription meds, which apparently have to be declared.
Jun 3, 2014, 8:49 pm
#153
Join Date: Aug 2012
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Please clarify why they "apparently" have to be declared, and how. There isn't a question on the form asking about medications. I take Rx medications and vitamins and a whole buffet of antihistamines, analgesics, and other OTC remedies "just in case I need them". I concede that chewable gummy supplements are right on the fine line between food and non-food, and I generally don't consider them "food". Now you have me wondering about medication.
I carry the properly labelled Rx containers and the summary slip from the pharmacy listing all my Rxs, but I don't tell anybody about them, other than putting the inhalers in the 1L bag. I'm not hiding anything but nobody has told me these are to be declared.
Jun 3, 2014, 9:06 pm
#154
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??
Please clarify why they "apparently" have to be declared, and how. There isn't a question on the form asking about medications. I take Rx medications and vitamins and a whole buffet of antihistamines, analgesics, and other OTC remedies "just in case I need them". I concede that chewable gummy supplements are right on the fine line between food and non-food, and I generally don't consider them "food". Now you have me wondering about medication.
I carry the properly labelled Rx containers and the summary slip from the pharmacy listing all my Rxs, but I don't tell anybody about them, other than putting the inhalers in the 1L bag. I'm not hiding anything but nobody has told me these are to be declared.
Please clarify why they "apparently" have to be declared, and how. There isn't a question on the form asking about medications. I take Rx medications and vitamins and a whole buffet of antihistamines, analgesics, and other OTC remedies "just in case I need them". I concede that chewable gummy supplements are right on the fine line between food and non-food, and I generally don't consider them "food". Now you have me wondering about medication.
I carry the properly labelled Rx containers and the summary slip from the pharmacy listing all my Rxs, but I don't tell anybody about them, other than putting the inhalers in the 1L bag. I'm not hiding anything but nobody has told me these are to be declared.
http://www.flyertalk.com/forum/trust...tolerance.html
No mention on the form, never came up in the GE interview, but apparently according to the rules, yes, you're supposed to declare all meds. I knew medical nitro was prohibited by TSA, but never knew the rest had to be declared to CBP. I never travel with prescription copies, always transfer what I need from oversize pill bottles to small unlabelled bottles.
Not any more. I think it's generally low risk for non-GE pax, but a potentially very big problem if you get a random GE secondary and haven't declared everything.
Doesn't make it any easier when different agents tell you different things, but IMHO the safest thing to do is declare absolutely everything.
Jun 3, 2014, 11:56 pm
#156
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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.
Jun 4, 2014, 9:16 am
#157
Join Date: May 2009
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Chocolate either is or is not something that must be declared. If it must be declared, even though allowed, might as well do it at the earliest point possible to minimize risk. If it does not need to be declared, then doing it on the way to secondary isn't necessary either.
The problem is that CBP has not made clear whether chocolate (putting aside the Kinder Egg issue) should be declared as food or not.
Jun 4, 2014, 10:07 am
#158
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Assuming your legal conclusion is correct, while you could take the course of mentioning chocolates only on your way to secondary, it seems to me the safer course is simply to proceed with declaring it at the outset.
Chocolate either is or is not something that must be declared. If it must be declared, even though allowed, might as well do it at the earliest point possible to minimize risk. If it does not need to be declared, then doing it on the way to secondary isn't necessary either.
The problem is that CBP has not made clear whether chocolate (putting aside the Kinder Egg issue) should be declared as food or not.
Chocolate either is or is not something that must be declared. If it must be declared, even though allowed, might as well do it at the earliest point possible to minimize risk. If it does not need to be declared, then doing it on the way to secondary isn't necessary either.
The problem is that CBP has not made clear whether chocolate (putting aside the Kinder Egg issue) should be declared as food or not.
Anyway, I've presented my research. Each of us can make our own conclusion and our decision on how to answer this question.
Jun 4, 2014, 10:34 am
#159
Join Date: Apr 2014
Posts: 276
Got to used GE at DFW for the first time last week. Came back from London with a bottle of coke, crackers, cookies, and a bottle of London Pride. Answered "yes" for food, got an big O on the receipt. Handed my receipt to the officer at the exit point, I immediately told him what I had, he didn't seen to care but started asking me about other questions like how much money you are bring W T F ... he was debating about whether or not to send me to secondary. Another officer standing besides him told him to send me to secondary. Two freaking aholes. So I proceeded to secondary screening using "line 2". Was greeted by a very nice and helpful officer, told him what I had, we laughed, told me I did the right thing, and then where to exit and get my baggage dropoff. He didn't check my bags or ask any additional questions. All under 3 minutes because I was the only one there! Probably the nicest CBP officer I would ever encounter in my life.
Last edited by benny08; Jun 4, 2014 at 10:44 am
Jun 4, 2014, 11:16 am
#160
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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.
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.
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.
Jun 4, 2014, 11:19 am
#161
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Assuming your legal conclusion is correct, while you could take the course of mentioning chocolates only on your way to secondary, it seems to me the safer course is simply to proceed with declaring it at the outset.
Chocolate either is or is not something that must be declared. If it must be declared, even though allowed, might as well do it at the earliest point possible to minimize risk. If it does not need to be declared, then doing it on the way to secondary isn't necessary either.
The problem is that CBP has not made clear whether chocolate (putting aside the Kinder Egg issue) should be declared as food or not.
Chocolate either is or is not something that must be declared. If it must be declared, even though allowed, might as well do it at the earliest point possible to minimize risk. If it does not need to be declared, then doing it on the way to secondary isn't necessary either.
The problem is that CBP has not made clear whether chocolate (putting aside the Kinder Egg issue) should be declared as food or not.
If people don't declare chocolate, how else is CBP to catch Kinder Eggs? They're not likely to put a separate question on the kiosk or the form.
Jun 5, 2014, 2:39 pm
#162
Join Date: Aug 2012
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Here are some references on Kinder Eggs from the US CPSC.
1997 Recall http://www.cpsc.gov/en/Recalls/1997/...ntaining-Toys/
From the above:
Additional enforcement 2006
http://www.cpsc.gov/en/Newsroom/News...oung-Children/
Edited to add, I live in Canada, and can eat Kinder Eggs three times a day if I like. I used to buy one daily for my child when she was in daycare at age 2.5. But every child doesn't have the same level of parental supervision and CPSC is taking care of the country, not just the well-supervised children of responsible parents.
1997 Recall http://www.cpsc.gov/en/Recalls/1997/...ntaining-Toys/
From the above:
Some of the toys have small parts that present a serious choking and aspiration hazard to children under three years of age.
CPSC considers the toys within the eggs as presently imported and sold to violate CPSC's small parts regulation with respect to children under three.
The Ferrero Group, the manufacturer of Kinder chocolate eggs, does not market this product in the United States. Ferrero said that it markets the product in other countries solely for children three and older and designs these toys to be assembled by older children. Ferrero considers the product safe for children three years and older.
CPSC considers the toys within the eggs as presently imported and sold to violate CPSC's small parts regulation with respect to children under three.
The Ferrero Group, the manufacturer of Kinder chocolate eggs, does not market this product in the United States. Ferrero said that it markets the product in other countries solely for children three and older and designs these toys to be assembled by older children. Ferrero considers the product safe for children three years and older.
http://www.cpsc.gov/en/Newsroom/News...oung-Children/
Edited to add, I live in Canada, and can eat Kinder Eggs three times a day if I like. I used to buy one daily for my child when she was in daycare at age 2.5. But every child doesn't have the same level of parental supervision and CPSC is taking care of the country, not just the well-supervised children of responsible parents.
Jun 6, 2014, 7:16 pm
#163
Join Date: Aug 2012
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I was not aware of the drug requirements, so now I'll have to start declaring the antibiotics and other meds that I always take with me. It takes longer (almost 20 minutes to wait in line to get my bag xrayed at an ag station because I declared a box of chocolates), but still better than the wait if you are unfortunate enough to be sitting in the back and you are the second (or third) big plane to land in a short time.
But then I admit it, I am zero tolerance for risk when it comes to anything to do with the government. Not advising anyone to follow my lead, just sharing my thinking and approach (very conservative).
But then I admit it, I am zero tolerance for risk when it comes to anything to do with the government. Not advising anyone to follow my lead, just sharing my thinking and approach (very conservative).
Absolutely with you on the zero tolerance for risk when dealing with the government, and acknowledging the recent awareness campaign over the zero tolerance policy.
I have seen nothing in writing about declaration of medications other than:
If you need medicines that contain potentially addictive drugs or narcotics (e.g., some cough medicines, tranquilizers, sleeping pills, antidepressants or stimulants), do the following:
- Declare all drugs, medicinals, and similar products to the appropriate CBP official (comment: it's unclear who the "appropriate CBP official" is when the traveller is using GE);
- Carry such substances in their original containers;
- Carry only the quantity of such substances that a person with that condition (e.g., chronic pain) would normally carry for his/her personal use; and
- Carry a prescription or written statement from your physician that the substances are being used under a doctor's supervision and that they are necessary for your physical well being while traveling.
Please note that only medications that can be legally prescribed in the United States may be imported for personal use. Be aware that possession of certain substances may also violate state laws. As a general rule, the FDA does not allow the importation of prescription drugs that were purchased outside the United States. Please see their Web site for information about the enforcement policy for personal use quantities.
Warning: The U.S. Food and Drug Administration prohibits the importation, by mail or in person, of fraudulent prescription and nonprescription drugs and medical devices. These include unorthodox "cures" for such medical conditions as cancer, AIDS, arthritis or multiple sclerosis. Although such drugs or devices may be legal elsewhere, if the FDA has not approved them for use in the United States, they may not legally enter the country and will be confiscated, even if they were obtained under a foreign physician's prescription.
Warning: The U.S. Food and Drug Administration prohibits the importation, by mail or in person, of fraudulent prescription and nonprescription drugs and medical devices. These include unorthodox "cures" for such medical conditions as cancer, AIDS, arthritis or multiple sclerosis. Although such drugs or devices may be legal elsewhere, if the FDA has not approved them for use in the United States, they may not legally enter the country and will be confiscated, even if they were obtained under a foreign physician's prescription.
In relation to the first paragraph of the second quote, it is clear as mud what foreigners are allowed to bring.
They have sent us email and postal mail of important things, and also simply customer-service improvements. If they have anything different than the above to instruct us as pertains to prescription medication in personal use quantities appropriate to the duration of the stay in the USA, I think it is reasonable they would have communicated them to us.
Therefore, I interpret "zero tolerance" as the strict enforcement of the above, and no more.
Jun 7, 2014, 5:21 pm
#164
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It's really a shame that they can't update the questions on the kiosk to be more relevant to what they do/do not care about. They could even have a little "?" to get more help on the food question. Or have a second page of questions If you say you have food to offer more granular options. They can always have an option that says "other/not sure".
It's just a waste of resources all around. They should stop the completely useless conversations. Then there are more resources freed up to do random checks based on other criteria.
I recently brought chocolate/pastries back & had to go through this. Fortunately didn't have to do the full bag check, just a few quick questions and a "welcome back!" and I was on my way.
It's just a waste of resources all around. They should stop the completely useless conversations. Then there are more resources freed up to do random checks based on other criteria.
I recently brought chocolate/pastries back & had to go through this. Fortunately didn't have to do the full bag check, just a few quick questions and a "welcome back!" and I was on my way.