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What Happens if You Fail to Declare Food or Agriculture at the U.S. Border?

CBP AGRICULTURE INSPECTION

What Happens if You Fail to Declare Food or Agriculture at the U.S. Border?

Travelers entering the United States must declare agricultural products they are carrying. A prohibited item that was properly declared may often be surrendered at inspection, while an undeclared prohibited agriculture item can be confiscated and can lead to a civil penalty and other CBP consequences.

Products to Declare Include

  • Meat and animal products
  • Fruit and vegetables
  • Plants and seeds
  • Soil
  • Other plant or animal products

All Agriculture Products Must Be Declared

Current CBP guidance states that travelers entering the United States must declare agricultural items and present them for inspection regardless of whether the traveler believes the product is permitted.

When uncertain, declaration is safer than assuming a food or agriculture item is admissible.

Declaring a Prohibited Item Is Different From Hiding It

CBP states that declared noncommercial agricultural items that are determined to be prohibited or restricted can generally be abandoned at the port of entry so the traveler can continue the trip.

Undeclared prohibited agricultural products may instead be confiscated and can result in a civil penalty for failure to declare.

The Item Can Be Prohibited Even if It Is Ordinary Food

Agriculture restrictions are intended to prevent foreign pests and animal diseases from entering the United States. Restrictions can apply to common products such as meats, fresh fruits, vegetables, seeds, soil and animal or plant materials.

Original Packaging Does Not Eliminate the Declaration Requirement

Commercial packaging and country-of-origin information can help CBP determine whether an item is admissible, but a packaged food item may still need to be declared.

Global Entry Members Must Declare Agriculture Too

CBP specifically states that Global Entry members must declare agricultural products. Failure to declare food or agriculture can result in penalties and can also affect Trusted Traveler membership.

See Customs Violations, Global Entry and Future CBP Inspection.

A Customs Penalty Is Not Automatically an INA Inadmissibility Finding

A civil agriculture penalty and an immigration inadmissibility determination are different legal issues. The existence of a customs violation should not automatically be converted into a particular INA §212 ground.

However, false statements, criminal conduct or other facts surrounding the incident can create separate immigration or law-enforcement questions depending on the case.

Documents to Keep After an Agriculture Violation

  • CBP penalty or warning notice.
  • Property seizure or abandonment document.
  • Receipt for any penalty paid.
  • Photographs or packaging identifying the product.
  • Global Entry or Trusted Traveler correspondence.
  • Any CBP inspection paperwork.

Frequently Asked Questions

Do I have to declare food if I think it is allowed?

Yes. CBP states that agriculture products should be declared and presented for inspection regardless of the traveler’s belief about admissibility.

What if I declare the food and CBP says I cannot bring it in?

CBP guidance provides that declared prohibited or restricted noncommercial agriculture items can generally be abandoned at the port of entry.

Does an agriculture penalty automatically make me inadmissible?

No. The customs or agriculture violation and immigration admissibility are separate analyses, although the facts of the incident can affect later CBP screening or Trusted Traveler eligibility.

Primary Government Sources

These government materials provide the principal CBP customs, agriculture and declaration rules discussed on this page.

Review the Agriculture Violation Before the Next Border Inspection

The penalty notice, inspection record and Trusted Traveler consequences can show how CBP categorized the incident and whether additional preparation is needed before travel.