Re: seeds from outside USA are still OK... I think

Ok what do they consider a seed analysis cert.......we already use the green
federal declaration form.......
----- Original Message -----
From: "Mark K" <korney19@adelphia.net>
To: <pumpkins@hort.net>
Sent: Friday, December 05, 2003 10:03 AM
Subject: RE: seeds from outside USA are still OK... I think


> Thanks for everybody following up on this; below are the earlier replies
> from the APHIS inspector at the VT/CAN border, I've removed insignificant
> names, as well as the coversations between these replies to save space;
> while the thread started out about someone importing a packet or so of
seeds
> thru traveling, he still talks about seeds regardless of amount, as well
as
> also by mail:
>
> Posted by: barkeater Z3 VT (My Page) on Mon, Oct 20, 03 at 10:56
>
> ...yes, if you declare an agricultural item you cannot be fined. The worst
> that can happen is the item is confiscated.
> All seed for planting, no matter what quantity, requires 2 things:
> 1. A declaration of labeling, defined as "a written
statement...giving...the
> kind, variety, lot number, origin, and the use for which the seed is
> intended". In addition, if the seed has been treated, it must be stated
and
> the chemical name shown, and include a statement that the seed is not to
be
> used for food, feed, or oil purposes.
> 2. A phytosanitary certificate.(If from Canada, a seed analysis cert.can
be
> used instead)
>
> There are no exceptions to these 2 rules (unless you are a diplomat)
>
>
> Posted by: barkeater Z3 VT (My Page) on Mon, Oct 20, 03 at 15:41
>
> It may sound over the line, ... but those are the exact regulations I
> quoted. Luckily for that passenger, customs found the seeds and not
> agriculture. Starting next year, customs and immigration will have the
> authority to assess the fines I described above, which they cannot now but
> are now being trained in their enforcement.
> I also know how serious the consequences can be of introducing foreign
> seed-borne diseases. Most here can understand. But I've also read many
posts
> from those who don't care about the law, or think they know it all (and
> don't), or would rather smuggle than pay for a phyto.
>
>
> Posted by: barkeater Z3 VT (My Page) on Tue, Oct 21, 03 at 9:56
>
> ... whatever "new regs" from 2001 you read about, if they were ever
enacted,
> are now the old regs. All the regs were changed after 9/11. Specifically,
> effective 1/1/03, the seed regs I posted earlier are it. There are no
> exceptions for small seed amounts anymore.
> In fact, starting sometime next year, travelers will require a phyto for
ANY
> agriculture item they bring back (or mail)to the U.S., whether it's a
banana
> from Ecuador, sausage from Germany, or a wooden statue from Africa. This
> isn't USDA's doing, it's Homeland Security. In fact, part of the reason
for
> this, I suspect, is so they can get rid of ag inspectors and replace us
with
> more customs.
>
> <end pastes>
>
> I don't know where fruit & vegetables, packaged seeds, gift seeds, etc
come
> into this, but the APHIS sheets if I remember correctly, said plants or
> plant parts, and seeds are plant parts I think.
>
> Still haven't received any further info from barkeater, as he hasn't
replied
> to that thread and can't access his e-mail address. So maybe some post
> offices are doing something about it and some may just be overlooking it.
> Has anybody received seeds back from Canada that look like the package was
> opened, inspected, or stamped approved or anything similar? And has any of
> the senders told the recipients when they sent them out, and how long did
it
> take to receive?
>
> Thanks.
> Mark
>
>
>
> -----Original Message-----
> From: owner-pumpkins@hort.net [o*@hort.net] On Behalf
Of
> craig sandvik
> Sent: Friday, December 05, 2003 9:23 AM
> To: pumpkins@hort.net
> Subject: Re: seeds from outside USA are still OK... I think
>
>
> toby, my wife was told that the new requirements would not be on the FDA
> site UNTIL DEC 12 . until dec 12 everything is normal.  after dec12 you
> apply for a number from the FDA and once you get your number you then put
it
> on to all seeds entering the us from canada. if you don,t have a number
> AFTER DEC  12  your seeds get stopped at the border.      thanx   craig
> ----- Original Message -----
> From: "Toby Atencio" <mr-sprout@sbcglobal.net>
> To: <pumpkins@hort.net>
> Sent: Thursday, December 04, 2003 11:04 PM
> Subject: seeds from outside USA are still OK... I think
>
>
> > I just finished reading the "Fact Sheet" the FDA provides on the
> > internet
> by following the link http://www.cfsan.fda.gov/~dms/fsbtac13.html .  The
> registration and notification policy the US is imposing on food
> ***importers*** is a response to terrorism attacks since 9-11, and looks
to
> me like a simple process...  Just let them know you're sending seeds
within
> five days of dropping them in the mail.  You can do it on-line, too.  I
> didn't look at the form, though... could be 10 pages, could be 10 lines.
But
> the thing that I thought was interesting was the list of items that need
to
> be declared.  It seems to be a list of immediately edible foods.  Seeds
have
> to be grown into pumpkins before anything can be consumed.  Of course,
we've
> eaten pumpkin seeds before, but they were always prepared, first.  I
copied
> the list of items the FDA requires notice for.  It reads:
> >
> >
> > "What food is subject to the requirement for submitting prior notice?
> Prior notice applies to food for humans and other animals that is imported
> or offered for import into the United States. For purposes of the interim
> final rule, "food" is defined by reference to section 201(f) of the
Federal
> Food, Drug, and Cosmetic Act. Section 201(f) defines "food" as articles
used
> for food or drink for man or other animals, chewing gum, and articles used
> for components of any such articles.
> >
> > Examples of "food" include:
> >
> >    Dietary supplements and dietary ingredients
> >    Infant formula
> >    Beverages (including alcoholic beverages and bottled water)
> >    Fruits and vegetables
> >    Fish and seafood
> >    Dairy products and shell eggs
> >    Raw agricultural commodities for use as food or components of food
> >    Canned and frozen foods
> >    Bakery goods, snack food, and candy (including chewing gum)
> >    Live food animals
> >    Animal feeds and pet food "
> >
> >
> >
> > As you can see, the definition of food leaves the pumpkin seeds in
> question, since they are not used, nor prepared for the purpose of
> consumption.  In my mind, the example that looks most like it would limit
> seed mailing is the phrase "Raw agricultural commodities for use as food
or
> components of food," but I think that since they are not intended for food
> at all, they don't qualify.  And the vague term "components of food" seems
> to be descriptive of the ingredients stuff on our food labels, i.e.
> monosodium glutamate, xanthan gum, etc.
> >
> > BUT WAIT... it gets more interesting.  the publication goes on (Notice
> exclusion number 4 near the end of the following paragraph)...
> >
> > "What foods are excluded from the prior notice requirement? Foods that
> > are
> excluded from the prior notice requirement are: (1) food carried by or
> otherwise accompanying an individual arriving in the United States for
that
> individual's personal use (i.e., for consumption by themselves, family, or
> friends, and not for sale or other distribution); (2) food that is
exported
> without leaving the port of arrival until export; (3) meat food products,
> poultry products and egg products that are subject to the exclusive
> jurisdiction of the U.S. Department of Agriculture (USDA) under the
Federal
> Meat Inspection Act, the Poultry Products Inspection Act, or the Egg
> Products Inspection Act; and (4) food that was made by an individual in
> his/her personal residence and sent by that individual as a personal gift
> (i.e., for non-business reasons) to an individual in the United States. "
> >
> > So, even if the seeds are considered food, aren't we preparing them in
> > our
> personal residences and sending them as personal gifts?  That would
exclude
> them from the requirement!
> >
> > Please don't take my word for it.  Follow the links and read it for
> yourself.  Then print out a copy and take it with you to the post office
> when you mail so you can reference the publication thoroughly when
> discussing it with the your postal clerk.
> >
> > By the way, I am not a lawyer or anything, so please take my opinion
> > with
> a grain of salt.
> >
> > Toby
> >
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