FOOD, DRUGS, COSMETICS AND MEDICAL DEVICES

15. Foods, Cosmetics, Etc. The importation into the United States of food, beverages, drugs, devices, and cosmetics is governed by the provisions of the Federal Food, Drug, and Cosmetics Act, which is administered by the Food and Drug Administration of the Department of Health and Human Services, Rockville, MD. 20857. That Act prohibits the importation of articles that are adulterated or misbranded including products that are defective, unsafe, filthy, or produced under unsanitary conditions. The term “misbranded” includes statements, designs, or pictures in labeling that are false or misleading and failure to provide required information in labeling.

Imported products regulated by the Food and Drug Admistration are subject to inspection at the time of entry. Shipments found not to comply with the laws and regulations are subject to detention. They must be brought into compliance, destroyed, or re-exported. At the discretion of the Food and Drug Administration, an importer may be permitted to bring a nonconforming importation into compliance if it is possible to do so. Any sorting, reprocessing, or relabeling must be supervised by the Food and Drug administration at the expense of the importer.

Various imported foods such as confectionery, dairy products, poultry, eggs, and egg products, meats, fruits, nuts, and vegetables are also subject to requirments of other agencies as has been previously discussed. Seafoods are also subject to the requirements of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce, 1335 East-West Highway, Silver Spring, Md. 20910.

16. Biological Drugs. The manufacture and importation of biological products for human consumption are regulated under the Public Health Service Act. Domestic and foreign manufacturers of such products must obtain a license for both the manufacturing establishment and the product intended to be produced or imported. Additional information may be obtained from the Food and Drug Administration, Department of Health and Human Services, Rockville, Md. 20857.

Biological drugs for animals are regulated under the Virus Serum Toxin Act administered by the Department of Agriculture. The importation of viruses, serums, toxins and analogous products, and organisms and vectors for use in the treatment of domestic animals is prohibited unless the importer holds a permit from the Department of Agriculture covering the specific product. These importations are also subject to special labeling requirements.

17. Biological Materials and Vectors. The importation into the United States for sale, barter, or exchange of any virus, therapeutic serum, toxin, antitoxin, or analogous products, or arsphenamine or its derivatives (or any other travalent organic arsenic compound), except materials to be used in research experiments applicable to the prevention, treatment, or cure of diseases or injuries of man is prohibited unless these products have been propagated or prepared at any extablishment holding an unsuspended and unrevoked license for such manufacturing issued by the Secretary of the Department of Health and Human Services. Samples of the licensed product must accompany each importation for forwarding by the port director of Customs at the port of entry to the Director, Center for Biologics Evaluation and Research, 5600 Fishers Lane, Rockville, MD 20867.

A permit from the U.S. Public Health Service, Atlanta, Georgia 30333, is required for shipments of any etiological agent or insect, animal or plant vector of human disease or any exotic living insect, animal, or plant capable of being a vector of human disease.

18. Narcotics Drugs and Derivatives. The importation of controlled substances including narcotics, marijuana and other dangerous drugs is prohibited except when imported in compliance with regulations of the Drug Enforcement Administration of the Department of Justice, Washington, D.C. 20537. Examples of some of the prohibited controlled substances are amphetamines; barbituates; coca leaves and derivatives such as cocaine; hallucinogenic substances such as LSD, mescaline, peyote, marijuana and other forms of cannabis; opiates including methodone; opium including opium derivatives, such as morphine and heroine; synthetic substitutes for narcotic drugs.

19. Drug Paraphernalia. Items of drug paraphernalia are prohibited from importation or exportation under Section 863, Title 21 of the United States Code. The term “drug paraphernalia” is defined as any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under the Controlled Substance Act (Title II of Public Law 91-513). Items of drug paraphernalia include, but are not limited to, the following items:

• Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
• Water pipes;
• Carburetion tubes and devices;
• Smoking and carburetion masks;
• Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
• Miniature spoons with level capacities of one-tenth cubic centimeter or less;
• Chamber pipes;
• Carburetor pipes;
• Electric pipes;
• Air-driven pipes;
• Chilliums;
• Bongs;
• Ice pipes or chillers;
• Wired cigarette papers; or
• Cocaine freebase kits.