9 CFR 327.13 - Foreign products offered for importation; reporting of findings to customs; handling of articles refused entry.

§ 327.13 Foreign products offered for importation; reporting of findings to customs; handling of articles refused entry.


(1) Program inspectors shall report their findings as to any product which has been inspected in accordance with this part, to the Director of Customs at the original port of entry where the same is offered for clearance through Customs inspection.

(2) When product has been identified as “U.S. refused entry, ” the inspector shall request the Director of Customs to refuse admission to such product and to direct that it be exported by the owner or consignee within the time specified in this section, unless the owner or consignee, within the specified time, causes it to be destroyed by disposing of it under the supervision of a Program employee so that the product can no longer be used as human food, or by converting it to animal food uses, if permitted by the Food and Drug Administration. The owner or consignee of the refused entry product shall not transfer legal title to such product, except to a foreign consignee for direct and immediate exportation, or to an end user, e.g., an animal food manufacturer or a renderer, for destruction for human food purposes. “Refused entry” product must be delivered to and used by the manufacturer or renderer within the 45-day time limit. Even if such title is illegally transferred, the subsequent purchaser will still be required to export the product or have it destroyed as specified in the notice under paragraph (a)(5) of this section.

(3) No lot of product which has been refused entry may be subdivided during disposition pursuant to paragraph (a)(2) of this section, except that removal and destruction of any damaged or otherwise unsound product from a lot destined for reexportation is permitted under supervision of USDA prior to exportation. Additionally, such refused entry lot may not be shipped for export from any port other than that through which the product came into the United States, without the expressed consent of the Administrator based on full information concerning the product's disposition, including the name of the vessel and the date of export. For the purposes of this paragraph, the term “lot” shall refer to that product indentified on MP Form 410 in the original request for inspection for importation pursuant to § 327.5.

(4) Product which has been refused entry solely because of misbranding, in lieu of exportation or destruction pursuant to paragraph (a)(2) of this section, may be brought into compliance with the requirements of this part, under supervision of an authorized representative of the Administrator.

(5) The owner or consignee shall have 45 days after notice is given by FSIS to the Director of Customs at the original port of entry to take the action required in paragraph (a)(2) of this section for “refused entry” product. Extension beyond the 45-day period may be granted by the Administrator when extreme circumstances warrant it; e.g., a dock workers' strike or an unforeseeable vessel delay.

(6) If the owner or consignee fails to take the required action within the time specified under paragraph (a)(5) of this section, the Department will take such action as may be necessary to effectuate its order to have the product destroyed for human food purposes. The Department shall seek court costs and fees, storage, and proper expense in the appropriate legal forum.

(7) No product which has been refused entry and exported to another country pursuant to paragraph (a)(2) of this section may be returned to the United States under any circumstance. Any such product so returned to the United States shall be subject to administrative detention in accordance with section 402 of the Act and seizure and condemnation in accordance with section 403 of the Act.

(b) Upon the request of the Director of Customs at the port where a product is offered for clearance through the customs, the consignee of the product shall, at the consignee's own expense, immediately return to the Director any product which has been delivered to consignee under § 327.7 and subsequently designated “U.S. Refused Entry” or found in any respect not to comply with the requirements in this part.

(c) All charges for storage, cartage, and labor with respect to any product which was imported contrary to the Act shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such product and any other product thereafter imported by or for such owner or consignee.

[ 35 FR 15610, Oct. 3, 1970, as amended at 48 FR 15889, Apr. 13, 1983; 49 FR 29568, July 23, 1984; 50 FR 19907, May 13, 1985; 53 FR 17015, May 13, 1988; 54 FR 50735, Dec. 11, 1989]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 21 - FOOD AND DRUGS

§ 601 - Definitions

§ 602 - Congressional statement of findings

§ 603 - Examination of animals prior to slaughter; use of humane methods

§ 604 - Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection

§ 605 - Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and returned thereto; conditions for entry

§ 606 - Inspection and labeling of meat food products

§ 607 - Labeling, marking, and container requirements

§ 608 - Sanitary inspection and regulation of slaughtering and packing establishments; rejection of adulterated meat or meat food products

§ 609 - Examination of animals and food products thereof, slaughtered and prepared during nighttime

§ 610 - Prohibited acts

§ 611 - Devices, marks, labels, and certificates; simulations

§ 612 - Notification

§ 613 - Plans and reassessments

§ 614 - Repealed. Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508

§ 615 - Inspection of carcasses, meat of which is intended for export

§ 616 - Inspectors of carcasses, etc., meat of which is intended for export; certificates of condition

§ 617 - Clearance prohibited to vessel carrying meat for export without inspector’s certificate

§ 618 - Delivery of inspectors’ certificates, and of copies

§ 619 - Marking, labeling, or other identification to show kinds of animals from which derived; separate establishments for preparation and slaughtering activities

§ 620 - Imports

§ 621 - Inspectors to make examinations provided for; appointment; duties; regulations

§ 622 - Bribery of or gifts to inspectors or other officers and acceptance of gifts

§ 623 - Exemptions from inspection requirements

§ 624 - Storage and handling regulations; violations; exemption of establishments subject to non-Federal jurisdiction

§ 625 - Inapplicability of certain requirements to catfish

§ 641 - Prohibition of subchapter I inspection of articles not intended for use as human food; de­naturation or other identification prior to distribution in commerce; inedible articles

§ 642 - Recordkeeping requirements

§ 643 - Registration of business, name of person, and trade names

§ 644 - Regulation of transactions, transportation, or importation of 4–D animals to prevent use as human food

§ 645 - Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority

§ 661 - Federal and State cooperation

§ 671 - Inspection services; refusal or withdrawal; hearing; business unfitness based upon certain convictions; other provisions for withdrawal of services...with business; finality of Secretary’s actions; judicial review; record

§ 672 - Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release

§ 673 - Seizure and condemnation

§ 674 - Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of section 607(e) of this title

§ 675 - Assaulting, resisting, or impeding certain persons; murder; protection of such persons

§ 676 - Violations

§ 677 - Other Federal laws applicable for administration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts

§ 678 - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as...of adulterated or misbranded and imported articles; other matters

§ 679 - Application of Federal Food, Drug, and Cosmetic Act

§ 679a - Safe Meat and Poultry Inspection Panel

§ 679b - Pasteurization of meat and poultry

§ 679c - Expansion of Food Safety Inspection Service activities

§ 680 - Authorization of appropriations

§ 683 - Interstate shipment of meat inspected by Federal and State agencies for certain small establishments

§ 691 - Omitted

§ 692 - Inspection extended to reindeer

§ 693 - Inspection of dairy products for export

§ 694 - Authorization of appropriations

§ 695 - Payment of cost of meat-inspection service; exception

Title 9 published on 05-Jan-2018 04:02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 9 CFR Part 327 after this date.

  • 2017-02-22; vol. 82 # 34 - Wednesday, February 22, 2017
    1. 82 FR 11324 - Revision of the Nutrition Facts Labels for Meat and Poultry; Products and Updating Certain Reference Amounts Customarily Consumed
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Food Safety and Inspection Service
      Proposed rule: Extension of comment period.
      Comments on the proposed rule published on January 19, 2017 (82 FR 7149) must be received on or before Wednesday, April 19, 2017.
      9 CFR Parts 301, 304, 316, 317, 318, 319, 320, 327, 362, 381, 412 and 416