Enclosure 1

PART 4:

REINSPECTION (11/15/03)

Section 11:

Refused Entry Product

Instructions for Completing FSIS Form 9840-3 "Refused Entry Notification"

(see Table 104, Table 104A)

This form is only available electronically. Copies of pages 1 and 3 must be printed and retained in the FSIS case file for any lot that has been refused entry. Additional copies should be printed for U.S. Customs, the Customs Broker and/or the importer.

BLOCK 1: Foreign Health Certificate No Enter the serial certificate number identified on the accompanying health certificate.
BLOCK 2: Refused Entry Date Enter the date that the product was refused or rejected for entry.
BLOCK 3: 45 Day Time Limit Date Calculate 45 days forward from the refused entry date.
BLOCK 4: Customs Entry No Enter the applicable customs entry number.
BLOCK 5: To District Director, U.S. Customs Enter the address of the U.S. Customs office where entry was made.
BLOCK 6: Country of Origin Enter the name of country from where the product was exported.
BLOCK 7:  Producing Foreign Establishment No Enter the applicable foreign health certificate number on the product label.
BLOCK 8:  Import Establishment Enter the import establishment number where the product was refused entry.

This form is designed to record up to five (5) lots from a single health certificate that is refused entry. Additional forms must be completed if more than 5 lots are refused entry.

BLOCK 9a: AIIS Lot ID No Enter the unique AIIS Lot Identification Number from the AIIS system.
BLOCK 9b: Description of Product Enter the name of the product as labeled.
BLOCK 9c: QTY Enter the number of sides/pieces/cans/packages that are refused entry.
BLOCK 9c: Net Weight Enter the net weight of the product refused entry.
BLOCK 9d: Shipping Marks Enter the applicable shipping mark present on the product.
BLOCK 10: Import Est. Name/City/State Self explanatory.
BLOCK 11:  Name and Address of Customs Broker Self explanatory.
BLOCK 12:  Name of Importer of Record (IR) Enter name of importer of Record.
BLOCK 13: Name and Address of Consignee: Enter the name and address of the consignee from the health certificate consignee block.
BLOCK 14: The above cited shipment(s) are refused entry due to:

14a. AIIS Lot ID No Automatically filled in from Block 9a
14b. Rejection Name Enter the most critical rejection code name.
14c. Defect Description Enter the description of the most critical defect.
BLOCK 15: Remarks Enter any information pertinent to any refused entry on the form. Indicate the appropriate AIIS Lot ID No.
BLOCK 16: Amount destroyed due to sampling Enter the amount (pounds) of product destroyed due to sampling. NOTE: If the product removed for sampling is returned to the lot, it is not considered as destroyed.
BLOCK 17: Signature of Issuing Official Signature of FSIS personnel issuing the form.
BLOCK 18: Title Enter the title of the FSIS official, if not an import inspector.
BLOCK 19: Date Enter the date the form was completed.
BLOCK 20: District Enter the name of the Import Region the import facility is located.

 Establishment Log Instructions (Page 3)

Note: There is no BLOCK 10 on page 3.

BLOCK 11:  Notification of 45 Day Limit Exceeded
  1. Inspector Name of the FSIS inspector that reported the 45-day limit violation.
  2. Actual Date Date the inspector reported the violation to the District Office.
  3. Person Notified Name of OIA personnel who was notified of the 45-day violation.
BLOCK 12: Extended.
  1. TO (Date) Date to when the refused entry disposition is extended.
  2. BY (FSIS Official) Name of FSIS official granting the extension.
BLOCK 13:  Movement Document
  1. Inspector notified "OK" to move Enter the date the inspector was notified that the lot is approved to move from the import establishment.
  2. Permission to move letter Enter the date the inspector received the letter granting permission to move the shipment.
  3. I-House Delivery Receipt Enter the date the inspector received the delivery receipt.
  4. Dock Receipt Enter the date the inspector received the dock receipt.
  5. Ocean Bill of Lading Enter the date the inspector received the bill of lading.
  6. Ship’s Final Manifest Enter the date the inspector received the manifest.
  7. Certified CF-7512 Enter the date the inspector received the form.
  8. Certified FSIS 9135-1 Enter the date the inspector received the form back from CFIA.
  9. Validated CF 3499/4613 Enter the date the product was disposed when one of these forms is used to record destruction/denaturing.
  10. FSIS Form 9840-4 Enter the date of destruction from the form.
  11. Other (describe) Enter the date of the final disposition of the product.
BLOCK 14: Disposition Codes (circle one) Circle the means of disposition for refused entry for each specific lot.

Case Closed By (Initials) Enter the initials of the inspector that completes the disposition of the product.

 

return to top of page

 

Enclosure 2

PART 4:

REINSPECTION (11/15/03)

Section 11:

Refused Entry Product

REFUSED ENTRY
REASONS FOR REJECTION

CODE REASON FOR REJECTION
1 CONTAMINATION
(fecal, ingesta, milk, metal, grease, glass, paper, plastic)
2 UNSOUND CONDITION
(putrid, rancid, spoiled)
3. PROCESSING DEFECTS
(blood clots, lung tissue, bruises, bones, sex organs)
4. VIOLATIVE NET WEIGHT
(less than stated weight on label)
5. PATHOLOGICAL DEFECTS
(abscesses, cysts, lesions, grubs, injection sites)
6. MICROBIOLOGICAL VIOLATION
(laboratory results reported as positive)
7. LABELING DEFECTS
(label not approved, missing mandatory information, wrong ingredients)
8. MISSING OR INCORRECT SHIPPING MARKS
(not present or incorrect on shipping container)
9. COMPOSITION/STANDARD
(economic non-compliance; not compliant with standard of identity, including water, fat, nitrite, phosphate, PFF or species)
10. APHIS/VS REQUIREMENTS
(bone-in or fresh product from restricted country, failed pink juices test or maximum internal temperature)
11. RESIDUES
(laboratory results reported over tolerance)
12. MISCELLANEOUS
(any problems associated with documentation, including lack of proper certification, failure to obtain a certificate of guarantee, duplicate shipping marks)
13. CONDITION OF CONTAINER, INCUBATION
(swells, cable cuts, loose tins, seams, and abnormal container)
14. TRANSPORTATION DAMAGE-soft product (F)
("keep frozen" product stained/soft)
15. TRANSPORTATION DAMAGE-exposed product (O)
(dented or crushed immediate containers, leaking vacuumed packaged product, torn containers exposing product)

 

return to top of page

Enclosure 3

 

PART 4:

REINSPECTION (11/15/03)

Section 11:

Refused Entry Product

FSIS Form 9135-1, "Notice of Shipment of Refused Entry Product"

Instructions (see Table 103)

  1. The form is only used for shipments of refused entry returning to Canada. An official of the Canadian Food Inspection Agency shall sign it and have it returned to the import establishment where the refused entry occurred.

    FSIS inspection personnel shall complete the form as follows.
    1. PRESENT LOCATION OF PRODUCT
Block 1. Enter the import establishment number where the refused entry occurred.
Block 2.  Enter the current date.
Block 3. Enter method of shipment (e.g. truck, rail, air).
Block 4. Enter container or vehicle number (e.g. serial number, license number).
Block 5. Enter the current location of the product (import establishment address).

 

  1. DESTINATION

    Block 6. Enter the Canadian establishment number where the product is being returned.
    Block 7.  Enter the city and province of the plant to which the product is being returned.

 

  1. REFUSED PRODUCT INFORMATION

    Block 8. Enter the name of product refused entry.
    Block 9.  Enter the quantity (e.g. cartons, combos, carcasses) of the product being returned.
    Block 10. Enter the net weight of the product being returned.
    Block 11.  Enter the producing Canadian establishment number.
    Block 12. Enter the FSIS Form 9540-1 number.
    Block 13.  Indicate the reason for the rejection.
    Block 14. Enter the health certificate number here.
    Block 15. Enter the Custom Entry Number. (The broker must provide this in the body of the CF 7512)
    Block 16. Signature of FSIS inspector completing this form
    Block 17.  Enter the date the form is completed.

  1. CONFIRMATION (To be completed by Canadian Inspection Official)

    Section D: Blocks 18 –20. When signed and dated by a CFIA official, certifies that the product was received back in Canada.

  2. RETURN FORM TO The FSIS Inspector shall enter the address and fax number of the import establishment to which the form is to be returned. Either method (mail or fax) is acceptable for closing the case file.

 

return to top of page

 

Enclosure 4

PART 4:

REINSPECTION (11/15/03)

Section 11:

Refused Entry Product

Re-exporting Process

(Canadian product at a U.S./Canadian border import establishment)

2.1.  For product being re-exported, the importer/broker/applicant shall:

  1. Submit original Customs Form 7512 (CF 7512) package to the FSIS Inspector prior to submitting to U.S. Customs (see Table 108). The original Custom Entry Number shall be included in the body of the CF 7512.

  2. After receiving CF 7512 package back from the FSIS inspector, submit the package to U.S. Customs.

2.2  The FSIS inspector shall:

  1. Stamp at least three copies of the Form 7512 with "Restricted Product/USDA Refused Entry" and the date by which the product must be re-exported.

  2. Complete FSIS Form 9135-1 (see Enclosure 2 & Table 103).

  3. Have a photocopy made of the "original" Canadian Health Certificate, and attach it to the case file.

  4. Place an envelope (marked "Attention: Canadian Inspector") with the refused entry product. It shall contain:

    • The original FSIS Form 9135-1;

    • An "importer" copy of the FSIS Form 9840-3;

    • The "original" health certificate

  5. Seal the returning truck with an USDA (Red Ball/Foreign Meat) seal (s).

  6. Enter the current date on the FSIS Form 9840-3 (Establishment Log) in Block 13b, "Permission to move LETTER DATED" block for the applicable lot (s).

  7. Place a check mark under "A" on the FSIS Form 9840-3 (Establishment Log) in block 14, "Disposition Codes" for the applicable lot (s).

  8. Upon receipt of the FSIS Form 9135-1 which has been signed off by the Canadian inspector, enter the date the form was received in the "Certified FSIS 9135-1 (Canada)" block (s) in 13h as applicable. In instances where the FSIS Form 9135-1 is not received, a copy of the US Customs Form 7512 signed and dated by Customs certifying that the product was exported from the U.S. will suffice. The date received would then be recorded in the "Certified CF-7512" block (s) in 13g as applicable.

  9. Initial the "Case Closed By" block (s) as applicable, upon receiving proof, e.g. FSIS 9135-1, CF-7512)

  10. Enter the disposition of the lot in the AIIS.

  11. Include the signed off copy of the FSIS 9135-1 (or the signed off CF-7512) in the case file.

2.3.

If neither a signed off copy of the FSIS 9135-1or the CF 7512 has been received within 14 calendar days, inspection personnel should request import establishment management to contact either the Canadian plant, to procure a signed copy of the FSIS 9135-1, or the broker, to obtain a signed-off copy of the CF 7512. If this action fails to secure either a signed-off FSIS 9135-1 or CF 7512 within 1 working day, the inspector shall notify OIA for assistance.

 

return to top of page

 

Enclosure 5

PART 4:

REINSPECTION (11/15/03)

Section 11:

Refused Entry Product

FSIS Form 9840-4, "VOLUNTARY DESTRUCTION OF IMPORTED MEAT AND POULTRY PRODUCT", Completion instructions

 

(Completed by importer/broker/applicant/representative)

Open Line /Space: Name of Importer/Broker/Agent

Foreign Health Certificate No.: Enter the foreign health certificate serial number.

Customs Entry Number: Enter the Customs Entry Number from block 7 of FSIS Form 9540-1, "Import Inspection Application and Report".

Country of Origin: Enter the name of the country the product was exported form.

Foreign Establishment No.: Enter the foreign establishment number that produced the product.

Import Establishment No.: Enter the FSIS establishment number assigned to the Import establishment where the product was reinspected.

Lot No.: Enter the lot number from Block 16 on FSIS Form 9540-1, "Import Inspection Application and Report".

Name of Product: Enter the description of the product from block 17 on FSIS Form 9540-1, "Import Inspection Application and Report".

Shipping Marks: Enter the unique identifying mark certified on the foreign health certificate and which is applied to the product shipping containers in the foreign country.

Date Refused: Enter the date the product was refused entry from block 2 on FSIS Form 9840-3, "Refused Entry Notification".

Weight: Enter the refused weight in pounds from FSIS Form 9840-3, "Refused Entry Notification".

Signature of Establishment Representative: Establishment representative who is authorizing destruction of the refused entry signs here.

Title: Title of establishment representative.

Date: Enter the date signed.

(completed by FSIS inspector)

Signature of Import Inspector: The FSIS Inspector who witnesses the destruction signs here.

Import Regional Office: Enter the name of the regional office in which the import facility is located.

Date: Enter the date signed.

 

return to top of page

 

[Return to Main Table of Contents]