Re: The USDA is after me for ordering French Rations - NEW 5/21 UPDATES! This is happening! To everybody :-(
Posted: Thu May 23, 2019 2:07 pm
Fortunately, when USDA detects a violation all they are doing for now is filing a case and sending a letter with threat of prosecution. If at that time you admit to currently having unconsumed ration meat, they arrange a visit so that they can come over and personally seize and destroy those rations. The possessor may not remove, trash, or destroy the products themselves. The importer may not sell, trade, or give away the prohibited products. USDA may record or seize the shipping label if present (they want the parcel/shipment intact and the ration unopened).
While they could prosecute the initial detected violation, USDA is electing to give the person a warning and seize the rations, if any. I suspect they would only raid/arrest and prosecute someone if they were detected to have lied or to have continued illegal activities. So they give you a chance to turn over any illegal products and perform a Mea Culpa with promise to cease and desist further illegal action. They may use your shipping information for use in other cases.
As best as I can tell several agencies are involved in this: The USDA Veterinary, USDA Smuggling Interdiction and Trade Compliance, Animal and Plant Health Inspection Service (APHIS), Customs and Border Protection (CBP), and Food Safety Inspection Services (FSIS) (for inspection of commercial shipments). CBP with Smuggling Interdiction and Trade Compliance detects and reports shipments, while APHIS is handling these cases guided by Veterinary, Plant Protection and Quarantine, and Marketing and Regulatory Programs. It is APHIS that contacts you from the office of the agent that regulates your state and each agent regulates multiple states.
I have found the APHIS agent that regulates my state of Alaska as well as others to be very professional. They are not zealots, they are simply enforcing established laws and regulations. I believe the only way to change any of this is through legislation as the departments are only doing their job and fighting with them will not change the rules they are required to follow. USDA is excellent at providing information and resource material to educate people in how to legally acquire the proper permit, how to ship, and what the requirements are for both the shipper and importer.
I believe Federal legislation needs to be enacted to alter the 9CFR94 that regulates this area, adding some sort of exception so that not all sterilized and shelf stable meat shipments are automatically considered "commercial". I do not have the resources to do that. Maybe someone else or a collective group could use their representatives and attorneys to accomplish this.
While they could prosecute the initial detected violation, USDA is electing to give the person a warning and seize the rations, if any. I suspect they would only raid/arrest and prosecute someone if they were detected to have lied or to have continued illegal activities. So they give you a chance to turn over any illegal products and perform a Mea Culpa with promise to cease and desist further illegal action. They may use your shipping information for use in other cases.
As best as I can tell several agencies are involved in this: The USDA Veterinary, USDA Smuggling Interdiction and Trade Compliance, Animal and Plant Health Inspection Service (APHIS), Customs and Border Protection (CBP), and Food Safety Inspection Services (FSIS) (for inspection of commercial shipments). CBP with Smuggling Interdiction and Trade Compliance detects and reports shipments, while APHIS is handling these cases guided by Veterinary, Plant Protection and Quarantine, and Marketing and Regulatory Programs. It is APHIS that contacts you from the office of the agent that regulates your state and each agent regulates multiple states.
I have found the APHIS agent that regulates my state of Alaska as well as others to be very professional. They are not zealots, they are simply enforcing established laws and regulations. I believe the only way to change any of this is through legislation as the departments are only doing their job and fighting with them will not change the rules they are required to follow. USDA is excellent at providing information and resource material to educate people in how to legally acquire the proper permit, how to ship, and what the requirements are for both the shipper and importer.
I believe Federal legislation needs to be enacted to alter the 9CFR94 that regulates this area, adding some sort of exception so that not all sterilized and shelf stable meat shipments are automatically considered "commercial". I do not have the resources to do that. Maybe someone else or a collective group could use their representatives and attorneys to accomplish this.