A Colorado woman is facing a $500 fine from U.S. Customs and Border Protection (CBP) for saving a free apple she received as a snack from Delta Air Lines on her way back to the United States from Paris, France.
Crystal Tadlock told Fox 31 Denver, toward the end of her flight from Paris, flight attendants passed out apples in plastic bags as a snack. Tadlock put the fruit in her carry-on to save for when she was hungry during the second leg of her trip.
Once Tadlock arrived in the U.S., she went through Customs and her bag was chosen to be randomly searched, Fox 31 reported. Tadlock says a Customs agent pulled out the apple in the plastic bag with Delta’s logo on it.
When questioned about the snack, Tadlock explained she received the apple from the airline and asked if she could throw it away or eat it, Fox 31 reported. The Customs agent allegedly told her no and fined her $500 for carrying the undeclared fruit.
"He had asked me if my trip to France was expensive and I said, 'yeah.' I didn’t really get why he was asking that question, and then he said 'It’s about to get a lot more expensive after I charge you $500,'" said Tadlock to Fox 31.
Tadlock said the innocent mistake could end up costing her bigger than just the $500 fine – she could also lose her Global Entry Status, which allows pre-approved, low-risk travelers to have expedited clearance into the U.S.
Tadlock told Fox 31 she’s frustrated with the incident and feels Delta should not have passed the apples out to customers or should have at least reminded passengers not to take the fruit off of the plane. She also thinks Customs could have handled the situation differently after seeing the fruit was in an airline-marked bag.
"It’s really unfortunate someone has to go through that and be treated like a criminal over a piece of fruit," said Tadlock to Fox 31.
A CBP spokesperson said in a comment to Fox News that "all agricultural items must be declared."
"Prohibited items that are not declared by a passenger are confiscated and disposed of by CBP. More importantly, civil penalties may be assessed for failure to declare prohibited agricultural products and may range up to 1,000 dollars per first-time offense for non commercial quantities. If the items are determined to be for commercial use, violations will be assessed at a much higher rate," the statement read.
According to the U.S. Customs and Border Protection website, “every fruit or vegetable must be declared to a CBP Agriculture Specialist or CBP Officer and must be presented for inspection.”
A spokesperson for Delta said in a statement to Fox News: “We encourage customers to adhere to U.S. Customs and Border Protection policies and requirements.”
"He had asked me if my trip to France was expensive and I said, 'yeah.' I didn’t really get why he was asking that question, and then he said 'It’s about to get a lot more expensive after I charge you $500,'" said Tadlock to Fox 31.
Yeah, that shows an attitude, doesn't it?
If this is an offense, then it's the airline that committed it. The whole point of prohibiting import of fresh fruits and veggies is to control insects and such that might be an ecological danger. That being the case, what does the airline do with the apple cores passengers throw away on the plane? Throw them in the destination airport dumpsters? How is that an improvement?
Delta should recognize it was their own negligence and offer to pay this fine for this woman.
Well, obviously an overreach here. The airline gave her an apple on the plane. She was just saving it for later. It's pretty clear she wasn't trying to smuggle apples into the country.
They should have just taken the apple and thrown it away, or gave her the opportunity to eat it there.
They should have just taken the apple and thrown it away, or gave her the opportunity to eat it there.
But then it wouldn't be Big Stupid Police-State Government, would it? I wonder if these clockwatching parasites have noticed Delta smuggling hundreds of apples in on each flight? How many go home with the pilots and trolley dollies?
If this is an offense, then it's the airline that committed it.
It is the woman who had to declare what agricultural items she was importing. She did not declare the apple and was subsequently caught with it at the customs area.
The whole point of prohibiting import of fresh fruits and veggies is to control insects and such that might be an ecological danger. That being the case, what does the airline do with the apple cores passengers throw away on the plane? Throw them in the destination airport dumpsters?
The regulations restricting the importation of fresh fruits and vegetables come from the Department of Agriculture. Customs does not make the regulations, they just enforce them at the border.
The fresh fruit regulations come from the Animal and Plant Health Inspection Service (APHIS) within the Department of Agriculture.
All left over food from international arrivals is supposed to be transported to a disposal facility and burned or disposed of pursuant to APHIS regulations. It is APHIS regulated garbage. Don't get caught throwing it in an airport dumpster.
Yes, but you must consume all of it on the plane. Any leftovers must remain on the plane and will be properly disposed of by the airline under APHIS guidelines.
When I am traveling, how can I use FAVIR to determine whether small amounts of fruits and/or vegetables can be brought into the U.S.?
A traveler must declare all fresh fruits and vegetables to a Customs and Border Protection (CBP) Officer upon arrival into the U.S. The CBP Officer must confirm the product name and origin. Non-admissible items will be seized, including those of questionable origin or use. Traveler's returning from overseas likely cannot meet this standard, so should not carry fresh fruits and vegetables for personal use. Even if the article is admissible per FAVIR, CBP requires inspection for freedom from pests, diseases, and prohibited plant parts or contamination. Any commodity that requires treatment or other certification will not be allowed into the U.S. Failure to declare all fruit or any other food products could subject the traveler to a fine of $300 to $1,000 US dollars.
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When I am traveling, can I use FAVIR to determine whether small amounts of fruits and/or vegetables can be brought into the US?
A traveler must declare all fresh fruits and vegetables to a Customs and Border Protection Officer upon arrival into the US and present them for inspection. FAVIR and the regulations are based on two things: commodity and origin. When FAVIR is searched, most commodities are allowed entry into the US only under commercial means or with Import Permits. A traveler will not meet these conditions, so cannot bring most items for personal use. Any commodity that requires a Phytosanitary Certificate (PC) would also be restricted. Even if the personal use item is listed as "Admissible from ALL countries" the Customs and Border Protection Officer must confirm the product name and inspect it for freedom from pests, diseases, and prohibited plant parts or contamination. The commodity could still be seized for failure to meet entry cleanliness requirements. You must declare all fresh fruits and vegetables on the Customs Declaration form and undergo a Customs Border Protection-Agriculture baggage inspection. Failure to declare fruit or any other food product could be subject to a fine of $300 - $1,000. Non-admissible items will be seized. The Customs and Border Protection Officer at the port of entry will make the final decision on admissibility.
CBP has been entrusted with enforcing hundreds of laws for 40 other government agencies, such as the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture and the Centers for Disease Control and Prevention. These agencies require that unsafe items are not allowed to enter the United States. CBP officers are always at ports of entry and assume the responsibility of protecting America from all threats.
The products CBP prevent from entering the United States are those that would injure community health, public safety, American workers, children, or domestic plant and animal life, or those that would defeat our national interests. Sometimes the products that cause injury, or have the potential to do so, may seem fairly innocent. But, as you will see from the material that follows, appearances can be deceiving.
Before you leave for your trip abroad, you might want to talk to CBP about the items you plan to bring back to be sure they're not prohibited or restricted. Prohibited means the item is forbidden by law to enter the United States. Examples of prohibited items are dangerous toys, cars that don't protect their occupants in a crash, bush meat, or illegal substances like absinthe and Rohypnol. Restricted means that special licenses or permits are required from a federal agency before the item is allowed to enter the United States. Examples of restricted items include firearms, certain fruits and vegetables, animal products, animal by products, and some animals.
Fresh Fruits and Vegetables
Bringing fruits and vegetables depends on a number of factors. For instance, consider the apple you bought in the foreign airport just before boarding and then did not eat. Whether or not CBP will allow the apple into the United States depends on where you got it and where you are going after you arrive in the United States. The same would be true for Mediterranean tomatoes. Such factors are important because fresh fruits and vegetables can introduce plant pests or diseases into the United States.
One good example of problems imported fruits and vegetables can cause is the Mediterranean fruit fly outbreak during the 1980s. The outbreak cost the state of California and the federal government approximately $100 million to get rid of this pest. The cause of the outbreak was one traveler who brought home one contaminated piece of fruit. It is best not to bring fresh fruits or vegetables into the United States. However, if you plan to, contact either CBP or check the Permits section on the USDA-APHIS Web site for a general approved list on items that need a permit.
Note: The civil penalty for failing to declare agricultural items at U.S. ports of entry will cost first time offenders $300. The penalty for the second violation goes up to $500. To avoid receiving a penalty all agricultural items and present them to Customs and Border Protection for inspection so that an agriculture specialist can determine if it is admissible.
There's no question that she did not bring any fruit from the port of origin. The Airline did that, and she did with the apple what people do and I have done myself with other snacks, such as granola bars. She saved it for later.
Now we could argue the technical legality of the scope of her error. We could even argue about the uncertainty as to whether she filled out the form before or after receiving the apple.
I ain't going to do that. If the airline is interested in preserving a good reputation, they'll accept liability and stop serving fresh fruit to US bound passengers. If they are not, then they'll do nothing and let her suffer any legal consequences.
Now we could argue the technical legality of the scope of her error. We could even argue about the uncertainty as to whether she filled out the form before or after receiving the apple.
I ain't going to do that.
Good on you.. Far too many who post here are more than a bit pedantic..
A spokesperson for Delta said in a statement to Fox News: “We encourage customers to adhere to U.S. Customs and Border Protection policies and requirements.”
Now we could argue the technical legality of the scope of her error.
There is no technicality.
We could even argue about the uncertainty as to whether she filled out the form before or after receiving the apple.
A long, long time ago, I was trained and certified by the State Department as a customs inspector, and trained and certfied by the Department of Agriculture as an APHIS inspector.
We could better argue about her being a repeat offender.
Quoting from my #6 which quoted applicable regs,
Note: The civil penalty for failing to declare agricultural items at U.S. ports of entry will cost first time offenders $300. The penalty for the second violation goes up to $500. To avoid receiving a penalty all agricultural items and present them to Customs and Border Protection for inspection so that an agriculture specialist can determine if it is admissible.
Last published: January 13, 2017
In addition to the forms that are filled out, the inspectors routinely inquire whether the subject of the inspection has any fresh fruits, red meats, or vegetables to declare.
We could better argue about her being a repeat offender.
So we're to assume the inspector was already aware of her criminal past when he found the apple?
Here's the deal, Nolu. There is more to life than laws and regulations. It's that simple. You apparently have a absolutist moral streak in you that demands compliance with law absent any considerations of basic humanity and common rationality. If you wish to take on the moral attitude about law and punishment of Inspector Javert, from Victor Hugo's "Les Miserables", who apparently felt 5 years in prison for stealing a loaf of bread and 15 more for 2 attempted escapes was reasonable because "the law is the law" then that story means absolutely nothing to you.
There is no technicality.
Perhaps you overlooked the word "scope" in my post. It's one thing to attempt to import a shipload of apples without inspecting it, and quite another to do what this woman did, which was merely to save an apple for later in the day. But if you want to bring the full force of the law against this woman as though she was a smuggler, it says more about you than it does her. And there's no nice way to put this, but if this type of punishment in this particular case is something you see as reasonable and moral. Then you can take that law and shove it!
Perhaps you overlooked the word "scope" in my post. It's one thing to attempt to import a shipload of apples without inspecting it, and quite another to do what this woman did, which was merely to save an apple for later in the day.
Your assertion is irrelevant. One does not get caught with an undeclared apple without first declaring to the inspector that they have no fresh fruit to declare. It does not take a shipload.
Quoting from my #6 which quoted applicable regs,
One good example of problems imported fruits and vegetables can cause is the Mediterranean fruit fly outbreak during the 1980s. The outbreak cost the state of California and the federal government approximately $100 million to get rid of this pest. The cause of the outbreak was one traveler who brought home one contaminated piece of fruit. It is best not to bring fresh fruits or vegetables into the United States. However, if you plan to, contact either CBP or check the Permits section on the USDA-APHIS Web site for a general approved list on items that need a permit.
Note: The civil penalty for failing to declare agricultural items at U.S. ports of entry will cost first time offenders $300. The penalty for the second violation goes up to $500.
One good example of problems imported fruits and vegetables can cause is
...already acknowledged in one of my prior posts.
If you really are concerned about reducing the chances of this happening, perhaps you should direct this information to Delta Airlines which has stupidly been handing out potentially hazardous and restricted food substances on international flights!!! That will prove far more effective than slapping individual recipients of said foods with $500 fines and some kind of perm penalty **every time it happens**. And yes, for every one they catch there's probably 10 more they didn't.
Now tell me Nolu, are you more concerned about nailing a single airline passenger for a single apple than you are solving the REAL problem like the one you purport to be solving, by going after the airline as the SOURCE of potentially ecologically damaging foods?
You are proving now TWO points I am making ad nauseum.
Now tell me Nolu, are you more concerned about nailing a single airline passenger for a single apple than you are solving the REAL problem like the one you purport to be solving
That’s like bitching because some chick gets a speeding ticket, that cost 250 bucks, where not all others were caught... and we should focus on “fixing” the problem.
I agree these pussified laws to prohibit plant diseases are flipping stupid... but states or countries have the right to impose these laws and set fines. The burden is on YOU to follow the law just like it is to watch for changing speed zones as you travel.
I'm the infidel... Allah warned you about. كافر المسلح
Now tell me Nolu, are you more concerned about nailing a single airline passenger for a single apple than you are solving the REAL problem like the one you purport to be solving....
I don't purport to be solving any problem. If the lady wants to solve her problem, don't declare she has no fresh fruits and get caught with fresh fruit.
Apples and other food on planes is not unlawful.
I'm just concerned about bullshit articles which misplace blame and deny personal responsibility.
You should have thought about that defense before you gave justification of the law by citing something about a 1980's Mediterranean fruit fly outbreak.
Clearly, for every passenger they catch with an apple, including the many that might freely inform upon questioning about having one they saved from the airline and therefore would not be penalized, there are probably something on the order of 20 or 30 that silently slip through inspections. And if you've worked in that biz you know that's true as only a random few are selected for inspections.
So I don't believe for a moment that even you would suggest that imposing fines for individual airline passengers like the one above would be a better solution to preventing such outbreaks as you cited than simply having a powwow with the various airlines and informing them that, you know, serving fresh fruit such as uncut apples on international flights inbound to the USA is a bad idea because it's potentially bad for the environment AND bad for their customers if they don't think to declare it and are caught. The airlines obviously has every incentive to not entrap their customers in getting busted by inspections.
Now if you are all about collecting revenue for the government, definitely this can be a good thing.
I'm just concerned about bullshit articles which misplace blame and deny personal responsibility.
Then you'd be best off just focusing on those stories and stop playing Inspector Javert with the woman above.
