AATrout

I remember this thread from a few years ago.
GE and failure to declare a banana

This GE holder got a fine and revocation over 1 banana.

Not long after this I entered the US at DFW, returning from LHR. No checked bags. I had a ham sandwich and I think a small potato salad tub I grabbed on the way out of the BA Galleries Lounge. Figured they would still be good once I got to DFW and would be the snack on a late connecting leg to DCA.

Remembering the banana incident I answered this question 'yes' at the GE kiosk. Was waved over to the inspection area and they didn't even look at the paper bag the food was in. Hearing TSA talk about procedures is rare, but they told me the big issues were fruits, animals, plants and so on. Processed food not so much. Odd because I had told them the sandwich had a tomato slice and spinach.

Tizzette

It doesn't seem you were "found in violation" if there was merely an incident where your food item was thrown away and nothing more. Twenty years ago such things were not treated with the same seriousness as now, travelers with stuff like a salami were usually just thought to be ignorant of the rules and no fuss made, the item was just thrown out. So I would probably answer no to the specific question as it is phrased "found in violation" if you were not pulled aside for questioning.

adomatic

So I guess i will apply for GE and i think it's best to be honest, although as it was said, 20 years ago things were different and I probably wasn't written up. I can write an explanation in the application. Maybe that will help. Thank you all for the advice! I will report back.

JonNYC

My vote would be definitely apply and to definitely concisely describe exactly what happened to the best of your recollection.

cbn42

Did this beagle find it before you went through the customs check, or in the baggage claim area? If you hadn't yet attempted to go through customs, you didn't do anything illegal since you could have disposed of the salami in the amnesty bin, or simply declared it to the officer and let him confiscate it.

Tizzette

This is exactly the scenario I imagined happened when I wrote my post.

adomatic

Yes, I think that's what happened. The beagle was in the baggage claim area. Good news is that i wasn't rejected outright. About a week after applying I received Conditional Approval Notification. Now i just have to hope for an interview cancellation in the next month.

adomatic

UPDATE: I had my interview today in NYC. It took less than 5 minutes and I was approved. They asked 3 questions: my full name, my address and if i have ever violated customs law. I quickly mentioned the salami/beagle incident and the officer didn't seem phased. This is all taking place while i'm standing at a counter with the customs officer sitting down. He said that the beagle always finds the food and it's safest not to bring any food into the country, even if it's from the plane. It was more conversational than anything. He handed me the paper with TSApre information and that was that.

I got there just on time and a custom officer came to get those of us with 12:30 appointments. There was a family with an 11:30 appointment who explained that their train was delayed, etc but the customs officer told them that their appointment had already been cancelled. There was guy with a noon appointment who appointment wasn't already cancelled so he was allowed in. The officer explained that if you're 5-10 min. late, you're ok but an hour, no.

Thanks for your help! I was told I could start using my known traveler number within 48 hours, but the letter on the Global Entry site says that I can start using it immediately. Looking forward to avoiding the lines on my next flight!

Blueskyheaven

If you were warned by a CBP agent at the agriculture baggage inspection area for bringing food that was undeclared in custom form, will that person have trouble with GE approval? My relative few years ago was randomly asked to go for inspection and they found some food that wasn't declared and the officer confiscated the prepackaged food and warned her and she apologized for her stupidity and the CBP agent let her go but warned her that fine for such violation will be $300. My relative wasn't fined.

Will that cause issue for her to get GE?

Thanks

Points Scrounger

I could swear that one could make a verbal amended declaration BEFORE they begin searching?

der_saeufer

You're both correct, but over a decade since DHS was created, CBP still has a little trouble understanding the rules of titles 7 and 9, especially as those rules differ from title 19.

Think of it this way:
1) Carrying cannabis across the border is per se illegal. You have broken the law whether you declare it or not. But,
2) Carrying a Parma ham (or whatever) across the border is not per se illegal. The violation is the failure to declare it. The ham itself is in violation of the law and will be seized, but the passenger carrying it doesn't violate any law or regulation unless he fails to declare it. If he does fail to declare it, he can get fined.

A passenger with a suitcase containing two barbecued goats (seen it) violates no law if he declares them before CBP finds them.

CBP has some trouble distinguishing between 1) and 2) and often records the seizure of a declared agricultural item as a violation; how that affects subsequent transactions depends a fair bit on how the officer or specialist recorded it.

Amnesty bins à la Australia are still a controversial issue in the US and most airports don't have them. If I got off a flight and remembered an orange prior to getting to the CBP exit, I'd just set it somewhere if I couldn't find a trashcan.

This is how it should work, but it's not always how it does work. A CBP employee having a bad day or lacking in training can get you a couple years of secondary for handing over a piece of fruit.

Often1

All of this goes out the window with automated terminals where your declaration will appear electronically. I suppose that you could race over and grab a CBP Officer and clearly state that you have just filed a mistaken electronic declaration, but realistically most people do not think like that.

All of this simply suggests taking the "food" issue seriously. People scoff at it. It is not worth scoffing. When you pack, get rid of incidental bits of food you do not care about or note the stuff you do want to keep and answer "yes" to the food question. Answer "yes" even if the food is absolutely fine, e.g. dry crackers. When asked, answer and you are done.

These violations, when noted, whether they cause long-term issues on entry, will likely prevent GE for a # of years and revocation of GE if you have it. If CBP has it wrong, even getting the Ombudsman onto the issue, can take 6-9 months.

Blueskyheaven

What if someone was warned and let go with a warning for not declaring some food and the food was confiscated? She was not fined but warned it would be $300 if it happens again. Don't know if the notated it in their system. This was few years ago. Wonder if there will be issue with GE approval? And should say yes or no to agriculture question on GE Application?

Blueskyheaven

The question in GE application is

Have you ever been found in violation of custom laws?


Answer Yes and explain that in 2011 during custom inspection, the traveler was warned of fine for failure to declare food, food confiscated but no fine was issued or just answer No?

Thanks

der_saeufer

The only person who knows how it was (or was not) recorded was the CBP employee who did the inspection.

If the applicant says no to the agriculture question on the GE application and CBP finds a record of a warning for an undeclared agriculture item, I'd bet good money on a denial.

Say yes, explain honestly, hope for the best.