FDA is the controlling authority. Custom’s enforces.
- @pogiwayne
USDA, not FDA
- @OceanBeach92107
USDA is not involved with bringing in foods from other countries. FDA - Food and Drug Administration writes the policy and in this case Customs enforces.
Importing Gift Packs and Prior Notice
Final Rule: Information Required in Prior Notice of Imported Food
(published May 30, 2013)
April 2022
What is the U.S. Food and Drug Administration policy for submission of prior notice for gift packs?
Although the Prior Notice Final Rule (FR) requires the submission of information about the identity of the food and identity of the manufacturer for each article of food (for example, a gift pack consisting of 4 articles of food would require 4 prior notice submissions), FDA's Compliance Policy Guide states:
FDA and Customs and Border Protection (CBP) staff should typically consider not taking regulatory action if there is a prior notice violation because a single prior notice is submitted for a gift pack and the identity of the facility that packed the gift pack is submitted in lieu of the identity of the manufacturer(s) and/or grower(s) for each article of food within the gift pack, provided that the gift pack is purchased or otherwise acquired by an individual and imported or offered for import for non-business purposes.
For the question asked it would be considered a gift pack.
USDA helps to keep America's farmers and ranchers in business and ensure that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and properly labeled.
- @pogiwayne
Yeah, no...
(3rd time this link shared in this thread
(quoted text)
"Can I bring meat or poultry into the United States?
"No. The United State Department of Agriculture's (USDA) Meat and Animal Products Regulations prohibit travelers from bringing in fresh, dried, and canned meats, dehydrated soup mixes, and meat products from most foreign countries. If any meat is used in preparing a product, it is prohibited. The United States Customs and Border Protection (CBP) of the Department of Homeland Security monitors foods brought into the United States by travelers to make sure they conform to USDA and Food and Drug Administration's regulations. Before you leave the United States, please access the CBP Information page. Commercially canned meat is allowed if the inspector can determine that the meat was cooked in the can after it was sealed to make it shelf-stable without refrigeration."
(end quoted text)
So here's the conversation with the CBP agent:
CBP: Jerked meats are forbidden
TRAVELER: But it's a "gift pack" and the FDA regulations you are supposed to enforce say that gift packs are allowed.
CBP: That depends on the ingredients of the gift pack. You can't bring in a gift pack of heroin. In this case, the USDA regulation against meat imports applies.