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Key Sectors

Measure

Detention of imported articles

Type Class Valid From Valid To
Inspection Requirement Goods
Summary:

When an inspector takes a sample for analysis of any foodstuff, cosmetic, or disinfectant at an import harbor:

1. Detention: The sample and all similar items in the consignment are generally detained at the harbor until the analysis is complete.

2. Removal: With the Director's approval, the items may be removed if the owner provides a guarantee that they will not be sold or otherwise dealt with until the analysis is complete. If the items are deemed non-compliant, they must be returned or disposed of as directed by the Director.

3. Director’s Actions: Based on the analysis results, the Director can:
   - Confiscate and destroy the items.
   - Return them to the import harbor or their place of origin.
   - Allow importation under specific conditions.
   - Dispose of them in another manner as specified.
Description:

14. (1) If an inspector has taken a sample for analysis or examination of any foodstuff, cosmetic or disinfectant imported at an import harbour -

(a) such foodstuff, cosmetic or disinfectant and all similar articles in the same consignment shall, subject to the provisions of paragraph (b), be detained in the import harbour in the custody of the Department of Customs and Excise until the analysis or examination has been completed

(b) such foodstuff, cosmetic or disinfectant and the said similar articles may, with the approval of the Director, be removed from the import harbour if the owner, importer or consignee furnishes a guarantee approved by the Director, that he will not pledge, sell or in any manner alienate or part with, or grant any right in or over, the articles in question until the analysis or examination has been completed, and that, if as a result of the analysis or examination it should appear that such articles may in terms of this Ordinance, not be imported, he will immediately return the whole consignment of such articles to the import harbour or to the port of shipment or place of origin, as the Director may direct, or deal with it in such other manner as the Director may direct.

(2) If as a result of the analysis or examination of a sample of a foodstuff, cosmetic or disinfectant referred to in subsection (1), it appears that the article in question may in terms of this Ordinance not be imported, the Director at his discretion may by order in writing direct that such article and all similar articles in the same consignment.

(a) shall be confiscated and destroyed; or

(b) shall be returned to the import harbour or to the port of shipment or place of origin; or

(c) may be imported on compliance by the owner, importer or consignee with such conditions as the Director may specify in such order, including any condition requiring the substitution of a label approved by the Director for any existing label; or

(d) shall be dealt with or disposed of in such other manner as the Director may specify in such order.

Commodities Affected by the Measure

# HS Code Description
1 01-20 Foodstuffs
2 38.08 Disinfectants
3 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid
4 2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid
5 2003 Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
6 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen (excluding products of heading 20.06
7 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen (excluding products of heading 20.06)
8 2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)
9 2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter
10 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or r included
11 2009 Fruit or nut juices (including grape must and coconut water) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
12 1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel
13 1704 Sugar confectionery (including white chocolate), not containing cocoa
14 1901 Malt, extract, food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 per cent by mass of cocoa calculated on a totally defatted basis, not elsewhere specified or included;food preparation of goods of headings 04.01 to 04.04, not containing less than per by mass of cocoa calculated on a defatted basis, not elsewhere specified or included
15 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
16 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms
17 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products(for example or corn flakes); cereals(excluding maize(corn)) in grain form or in the form of flakes or other worked grains(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included
18 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical

Procedures Implementing the Measure

1 Procedure of Application of Ordinance to articles imported in transit
Activity Outcome Valid For Single Use
Transit No
2 Importation of foodstuff, cosmetics and disinfectants
Activity Outcome Valid For Single Use
Import No

Legal Documents Related to the Measure

Name Type Category
Foodstuffs, Cosmetics and Disinfectants Ordinance 18 of 1979 Act Import/Export