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.
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..
