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
Apr 13, 2014, 12:42 pm
#121
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The last two times I declared crisps, the baggage control line wait was greater than 10-15 minutes (JFK and MIA). Officers at both stations tell me next time to declare no unless it is meat, fruits, vegetables.
May 3, 2014, 1:24 am
#122
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Came back from Amsterdam into MSP with some chocolates earlier this week. Answered yes, as I'm definitely of the mindset of better safe than sorry.
Leaving the Immigration area, the guy asked what I was declaring. Said chocolate, and he chastised me for saying yes. "If you read the question correctly, you would've realized you didn't need to declare chocolate. It's always been fine."
I just shrugged and headed on my way. Exiting customs, I asked the other officer if I didn't have to declare it, and he said I was 100% right to, as I could consume it. Laughed when I said he should tell his coworker that!
Oh well.
Leaving the Immigration area, the guy asked what I was declaring. Said chocolate, and he chastised me for saying yes. "If you read the question correctly, you would've realized you didn't need to declare chocolate. It's always been fine."
I just shrugged and headed on my way. Exiting customs, I asked the other officer if I didn't have to declare it, and he said I was 100% right to, as I could consume it. Laughed when I said he should tell his coworker that!
Oh well.
May 3, 2014, 3:19 pm
#123
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Came back from Amsterdam into MSP with some chocolates earlier this week. Answered yes, as I'm definitely of the mindset of better safe than sorry.
Leaving the Immigration area, the guy asked what I was declaring. Said chocolate, and he chastised me for saying yes. "If you read the question correctly, you would've realized you didn't need to declare chocolate. It's always been fine."
I just shrugged and headed on my way. Exiting customs, I asked the other officer if I didn't have to declare it, and he said I was 100% right to, as I could consume it. Laughed when I said he should tell his coworker that!
Oh well.
Leaving the Immigration area, the guy asked what I was declaring. Said chocolate, and he chastised me for saying yes. "If you read the question correctly, you would've realized you didn't need to declare chocolate. It's always been fine."
I just shrugged and headed on my way. Exiting customs, I asked the other officer if I didn't have to declare it, and he said I was 100% right to, as I could consume it. Laughed when I said he should tell his coworker that!
Oh well.
The second officer was right. The first officer needs to familiarize himself with the change in the kiosk questions.
Better safe than sorry.
May 4, 2014, 12:32 am
#124
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Came back from Amsterdam into MSP with some chocolates earlier this week. Answered yes, as I'm definitely of the mindset of better safe than sorry.
Leaving the Immigration area, the guy asked what I was declaring. Said chocolate, and he chastised me for saying yes. "If you read the question correctly, you would've realized you didn't need to declare chocolate. It's always been fine."
I just shrugged and headed on my way. Exiting customs, I asked the other officer if I didn't have to declare it, and he said I was 100% right to, as I could consume it. Laughed when I said he should tell his coworker that!
Oh well.
Leaving the Immigration area, the guy asked what I was declaring. Said chocolate, and he chastised me for saying yes. "If you read the question correctly, you would've realized you didn't need to declare chocolate. It's always been fine."
I just shrugged and headed on my way. Exiting customs, I asked the other officer if I didn't have to declare it, and he said I was 100% right to, as I could consume it. Laughed when I said he should tell his coworker that!
Oh well.
As is the case with most employers in travel related organizations, the CBP is content to not train its employees.
May 5, 2014, 2:59 pm
#125
Join Date: May 2009
Location: Washington, DC
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Posts: 7,418
Really - I suppose the snippy response of "That used to be true, but they changed the question a few months ago" just creates more risk of CBP unpleasantness.
May 6, 2014, 1:05 pm
#126
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May 6, 2014, 7:16 pm
#127
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GE kiosks have changed the question about food
YMMV. I had agents in JFK and MIA tell me not to declare chocolates, potato chips. Both times cost me in excess of 15 minutes waiting for secondary processing.
May 7, 2014, 5:50 am
#128
Join Date: Aug 2010
Location: DCA
Posts: 239
15 minutes waiting v. losing GE. I'll wait (although my additional wait time has totaled about 15 seconds at IAD and ATL when answering the food question "yes").
May 7, 2014, 12:38 pm
#129
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Location: NYC
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http://www.cbp.gov/global-entry/faqs
Must I declare food items or products when using the Global Entry kiosk?
Yes. You must declare all agricultural products that you bring into the U.S. Failure to declare agricultural products can result in up to $10,000 in fines and penalties. For additional information, click here.
Yes. You must declare all agricultural products that you bring into the U.S. Failure to declare agricultural products can result in up to $10,000 in fines and penalties. For additional information, click here.
What are the general foods that can enter the United States?
Even if you believe a food item is able to enter the United States you must declare to the officer that you are bringing food back. Failure to declare food products can result in up to $10,000 in fines and penalties. When in doubt keep it out.
Even if you believe a food item is able to enter the United States you must declare to the officer that you are bringing food back. Failure to declare food products can result in up to $10,000 in fines and penalties. When in doubt keep it out.
Last edited by seawolf; May 7, 2014 at 12:43 pm
May 7, 2014, 9:27 pm
#130
Join Date: May 2006
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The real problem is that neither the Blue Form, nor the GE kiosk, mirror what the law actually is. They are asking questions beyond what the law actually requires. If you actually read the regulations on this stuff, the duty to declare focuses almost exclusively on fresh agricultural products like fluid milk, meat, fruits and vegetables. The problem is that they are asking something that doesn't actually comply with what the law says - it goes beyond it and makes it far too nebulous.
May 8, 2014, 11:05 am
#131
Join Date: Aug 2012
Programs: AC E35K, NEXUS
Posts: 4,368
Actually, for my banana, I was going by "Fruits and vegetables grown in Canada are generally admissible, if they have labels identifying them as products of Canada. Fruits and vegetables merely purchased in Canada are not necessarily admissible, i.e. citrus or tropical fruits such as mangos, which clearly were not grown in Canada because it does not have a climate that supports those crops. " <https://help.cbp.gov/app/answers/det...r-personal-use>
IF I was crossing at the NEXUS kiosk, or IF they had asked me about food/fruit, I actually would have mentioned the peel. I'm just that much of a compliance nut.
IF I was crossing at the NEXUS kiosk, or IF they had asked me about food/fruit, I actually would have mentioned the peel. I'm just that much of a compliance nut.
May 18, 2014, 4:14 pm
#132
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The real problem is that neither the Blue Form, nor the GE kiosk, mirror what the law actually is. They are asking questions beyond what the law actually requires. If you actually read the regulations on this stuff, the duty to declare focuses almost exclusively on fresh agricultural products like fluid milk, meat, fruits and vegetables. The problem is that they are asking something that doesn't actually comply with what the law says - it goes beyond it and makes it far too nebulous.
(g) Arrival procedures. In order to utilize the Global Entry program upon arrival in the United States, each participant must:
(1) Use the Global Entry kiosk and follow the on-screen instructions;
(2) Declare all articles being brought into the United States pursuant to 19 CFR 148.11. A Global Entry participant will be redirected to the nearest open passport control primary inspection station if the participant declares any of the following:
(i) Commercial merchandise or commercial samples, or items that exceed the applicable personal exemption amount;
(ii) More than $10,000 in currency or other monetary instruments (checks, money orders, etc.), or foreign equivalent in any form; or
(iii) Restricted/prohibited goods, such as agricultural products, firearms, mace, pepper spray, endangered animals, birds, controlled substances, fireworks, Cuban goods, and plants.
(1) Use the Global Entry kiosk and follow the on-screen instructions;
(2) Declare all articles being brought into the United States pursuant to 19 CFR 148.11. A Global Entry participant will be redirected to the nearest open passport control primary inspection station if the participant declares any of the following:
(i) Commercial merchandise or commercial samples, or items that exceed the applicable personal exemption amount;
(ii) More than $10,000 in currency or other monetary instruments (checks, money orders, etc.), or foreign equivalent in any form; or
(iii) Restricted/prohibited goods, such as agricultural products, firearms, mace, pepper spray, endangered animals, birds, controlled substances, fireworks, Cuban goods, and plants.
May 18, 2014, 5:59 pm
#133
Join Date: Jan 2013
Location: Hawai'i Nei
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19 CFR 148.11 states that "All articles brought into the United States by any individual must be declared to a CBP officer at the port of first arrival in the United States, on a conveyance en route to the United States on which a CBP officer is assigned for that purpose, or at a preclearance office in a foreign country where a United States CBP officer is stationed for that purpose."
Also, I could not find a definition of "Agricultural Products" in the above CFR, but in another section (7 CFR 4284.902; perhaps not relevant, but gives some basis to what the term may mean): "Agricultural food products" is define as "...raw, cooked, or processed edible substance, beverage, or ingredient intended for human consumption..."
May 18, 2014, 8:34 pm
#134
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GE kiosks have changed the question about food
Agree that technically "all articles" are to be declared but I think that requirement is "waived" since doing that at a machine vs. a person would be impossible (or at least defeats the purpose of saving time, and by extension the entire point of GE).
What's interesting is that the "food" question on the kiosk is tied to 8 CFR 235.12 (g) (2) (iii) and that is referring to restricted/prohibited goods. Unless you failed to declare restricted/prohibited goods, I don't see how CBP can revoke GE for not answering Yes to the "food" question if all you have are permitted items such as chocolates and sweets etc. CBP agents in MIA and JFK telling me to not declare these non-agricultural "food" items seems to be correct.
What's interesting is that the "food" question on the kiosk is tied to 8 CFR 235.12 (g) (2) (iii) and that is referring to restricted/prohibited goods. Unless you failed to declare restricted/prohibited goods, I don't see how CBP can revoke GE for not answering Yes to the "food" question if all you have are permitted items such as chocolates and sweets etc. CBP agents in MIA and JFK telling me to not declare these non-agricultural "food" items seems to be correct.
