Undeclared in-flight snack nets $300 fine

A US couple made a mistake by not declaring the fresh produce to Customs, but did they really deserve to be fined?

By Karen Datko Aug 15, 2011 3:43PM

Imagine the mortification you'd feel if you were re-entering the country and a U.S. Customs official found contraband in your child's backpack.

 

In the recent case of a Florida couple, that contraband was an undeclared snack -- three cucumbers, a tomato and an apple. They earned the family a $300 fine. (It could have been worse. A $1,000 fine is permitted for a first offense.)

 

Maybe mortification is the wrong word. The mom and dad were, well, ticked off.

 

"You're coming off a flight after 19 hours. You're all flustered. You don't know what world you're on. The first thing on your mind isn't vegetables in your backpack," Peter Steinberger told CBS New York.

Just so you're clear about what's expected, here's what a U.S. Customs and Border Protection website says:

All travelers entering the United States are required to DECLARE any meats, fruits, vegetables, plants, seeds, animals, and plant and animal products (including soup or soup products) they may be carrying. The declaration must cover all items carried in checked baggage, carry-on luggage, or in a vehicle.

Why? "Prohibited agricultural items can harbor foreign animal and plant pests and diseases that could seriously damage America's crops, livestock, pets, and the environment -- and a large sector of our country's economy." Post continues after video about the TSA's new scanner.

On a typical day, CBP confiscates 11,435 pounds of narcotics, and likely an occasional banana or pear that a traveler forgot to tell them about. (With the cost of airline food, you can't blame people for packing their own.) Agents found and confiscated some forgotten, leftover Canadian beef hot dogs in a cooler when they searched my van at a border crossing several years ago. I was chastised but not fined.

 

Rules like this are common. For instance, an Australian government website says, "You must declare for inspection all food, plant material and animal products on arrival in Australia to ensure they are free of pests and diseases."

 

It also says: "Food, plant material and animal products from overseas could introduce some of the world's most serious pests and diseases into Australia, devastating our valuable agriculture and tourism industries and unique environment."

 

The case of the Steinbergers was one of miscommunication or, perhaps, forgetfulness. Suri Steinberger packed the veggies and fruit in the backpack of one of her two sons so the boys could have a snack on the flight. She wasn't sitting with the rest of the family, and her husband, who filled out the Customs form, didn't know about the produce. Customs found it when the family landed in Newark, N.J.

 

It seems that agents came down hard. As CBS New York reports, "Customs did say it's up to the discretion of the officer to 'destroy' the product or 'fine the traveler,' discretion this family said was sorely missing." 

 

Your thoughts: Appropriate fine or overzealous enforcement?

 

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85Comments
Aug 16, 2011 8:17AM
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Having just come back last week from traveling to Africa and spending 24 hours in the air and at airports,  I can speak a little on the subject.  If you do a little research before traveling, and I mean very little, you will find all the restrictions imposed by the airlines regarding what you can and can't bring with you on the plane - it's black and white, no grey.  So the fact that the husband didn't know the wife packed the fruit/veggies is a non-issue, and that fact that maybe the wife "forgot" also doesn't work - she shouldn't have packed it PERIOD. The flight attendants were accommodating to passengers that had children on my flight, and were able to provide additional snacks & fruit to them when they were asked.  Obviously, these particular children weren't really interested in the snacks either, or else it wouldn't have been found by Customs.

Waiting in line to go through customs I was able to watch the passenger interaction with the TSA/Customs agents, and quite obviously, the more rude you were to them, the stricter the rules got.  Funny how that correlates.  There is no mention of the parents' attitude towards the TSA/Customs agent, but I am going to guess that they weren't the most cordial of travelers.

 I think if I had to spend each and every day dealing with bitchy people who felt they did not need to comply to very clearly stated regulations I would be prone to imposing fines sometimes too.

Aug 16, 2011 8:15AM
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First off, who expects their kid to eat a cucumber or tomato on a plane as a "snack" especially once it is warm after sitting for ten or more hours (as someone else mentioned below)? Clearly not these kids seeing as they didn't eat them. And who brings produce on an international flight? Anyone who has ever traveled outside of the US should know how completely specific CBP is about not bringing produce into the country. I would also imagine that these parents did NOT have a humble and apologetic response when their mistake was found. I cannot imagine they would have been given a fine if they had quickly explained the situation, calmly and expressing their apology for the invconvenience. Something tells me dad and mom didn't take kindly to their kids being scrutinized by the officers after a 19 hour flight and had some choice words which "helped" them get the fine.
Aug 15, 2011 6:03PM
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Before boarding the plane in Ireland, we had to fill out Customs forms...and the forms specifically asked if we had flowers, fruits, vegetables, etc., that we were transporting. If people choose to think they are above the law and outright lie by NOT declaring what they are traveling with, then they deserve the fine.
Aug 15, 2011 11:13PM
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Signs are all over customs. Often there are bins to dump fruit in before you get to the declaration spot. And who brings a tomato as a snack for a kid? Oh yes Mom, please give me the tomato that has been in my backpack for 10+ hours. Its just what I wanted. Really? There is more to the story. Bet Mom or Dad mouthed off, got rude and nasty. Therefore the fine.
Aug 15, 2011 10:19PM
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1) everyone knows that you have to declare that stuff.

2) "discretion" is a great term for "treat me like crap and I will fine you"

3) judging by the fact we even know about this my guess is that these people are complete pains in the ****. Who has time to call a reporter about this? You were wrong, ignorance is no excuse, pay the bill and SHUT UP already!!!!

Aug 16, 2011 9:14AM
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I'm wondering how MSN got this story.  The couple must have been so ticked off about this absolute, routine, non-issue that they actually called the media themselves; who else would even care?  Mission accomplished, folks, you look like a couple of crybabies.

Anyway, who doesn't know not to bring produce into the country??  Fines are a perfectly legitimate incentive not to "forget" about the rules of international travel.  I was tired after a long day at work once, I was in a hurry to get home, I "forgot" what the speed limit was, I got a ticket.  Funny thing is, nobody did a story on it.
Aug 16, 2011 7:40AM
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Something tells me they would have gotten off if they had better attitudes towards customs. I'm not saying customs was or wasn't wrong the law is the law, but a lot of times it's how you act towards them that determines your ticket. Just try to remember to be a little nicer it goes a long way.
Aug 15, 2011 9:56PM
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They should be fined!!!!!!  how did all these invasive pest get in this country, Japanese beetle, Asian carp, pythons, mussels, ect ect ect,  ,,, IT is the law for a reason,  one wrong fungus on that fruit and it could destroy millions of dollars worth of crops, one wrong spider on insect could start a epidemic.  Pay your fine and learn from it,

Aug 15, 2011 9:17PM
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A few years ago , I came into the USA  through the Miami airport.  I declared four bottles of rum.  I was expecting to pay custom's fees.  The agent informed me since they were for my own use there would be no charge.  A few  months later, same story.  Brought in another four bottles.
Expected to hear same explanation.  "You have to pay $21 for taxes"  or lose the booze.
Same airport - different laws.

Aug 15, 2011 10:35PM
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LOL!

 Who doesn't know you can't bring animals, plants, fresh fruits and/or veggies across borders?!! Seriously... Unbelievable...... Not like its ever been a secret. I knew this even before I applied for a passport and I read it several times during the process. One big "D'oh!" moment for these people.

Aug 16, 2011 8:17AM
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When a foreign pest hits our land, the results can be devastating!  Just look at the devastation the Emerald Ash Borer is doing and will continue to do.  I've lost 5-6 mature Ash trees to the pest. The customs agent was DOING HIS JOB! Rules are put in place for a reason.  Follow them, and noone will be fined.  When traveling to a foreign country, there are signs posted on what NOT to import everywhere, and the flight attendants tell everyone.  Too bad she was so wrapped up in her misery that she "forgot" (aka didn't care to) follow the rules.   
Aug 16, 2011 7:33AM
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Regulations/rules/laws  need to be enforced or they become suggestions.  Suggestions do not need to be followed.   I agree that there is more to this - because in almost all cases, if the person involved is polite and apologetic there is no further action other than confiscation.  If the media actually reported the "whole" story instead of sensationalizing the issue, we would be better able to actually make a better decision on who was right or wrong.
Aug 15, 2011 10:39PM
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Amazing how clueless people are when traveling to and from countries.

 

Just because you are traveling with children is no excuse for being ignorant of the laws of the country you are entering.  If they are your kids you are liable for their actions till they are 18. You decided to procreate so you now have the responsibility deal with it.

 

One of the questions you are asked when you check in at the departure airport is " did you pack your bag and has anyone else been near it." If you get on a plane and someone else packed you bag and you don't know what's in it you are a idiot.

 

And in closing. When you land in the USA and have not cleared Immigration and Customs you are NOT officially in the USA. so the Constitution does not apply to you till you are safely in the terminal. It is wise to check your attitude and be very polite and nice. Blowing the customs agent attitude because it's just a kids snack will get you a $300 fine. It could have been $1000. Every time I have seen anyone get attitude with a agent they have come out on the losing end.

Aug 16, 2011 1:44AM
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We grow pecans, and try not to spray with poisons.  For instance, aphids are a big lover of pecan trees, and we (at fairly serious expense) buy lacewing larvae so they can help control the problem. Then I hear about people who illegally bring food into the country; it is so frustrating!  I can understand a mistake like this one regarding a child's snack. But there is even a comment here from a person who thinks that her or his gourmet palate can only be satisfied by hiding food to bring into the country. You must be very proud of yourself.

 

Do those of you who flout these requirements think the rules about bringing in even one piece of fruit are a nuisance, or just silly? Take a few minutes and think about what happens if that one apple or the other smuggled tasty foods harbor a pest or disease that could decimate specific crops.  Think food prices are high now?  If a crop is under attack by the disease or pest you brought in, prices will definitely rise. Rethink the selfish attitude and the gluttony.  Keep your food supply safe.

Aug 16, 2011 12:40AM
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I remember in the 70's our potatoes being confiscated (along with some other produce) at the Canadian border...this is not something new

but i have never heard of someone being fined (makes me wonder about the parents), usually just throw the stuff away

Aug 16, 2011 9:16AM
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When you travel abroad, you must fill out forms that CLEARLY state, no food, meat, plants, soil, etc...To me, it's the same thing as bringing in drugs or Cuban cigars--Strictly forbidden!
Aug 15, 2011 9:27PM
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It was an honest mistake.  No need to make a big deal about it.  Learn from it,  pay the fine, and move on.
Aug 16, 2011 8:38AM
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Fine is appropriate  - law is to prevent spread of disease or pests.  If you can't follow the international rules of travel, stay home
Aug 16, 2011 10:12AM
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Typical irresponsible a-holes, who want to shift responsibility from themselves to someone else, who is taking responsibility by doing the job they are paid to do. I have traveled in & out of the country hundreds of times and the rules are very clear. They are even briefed in several languages. Does anyone remember the Mediterranean Fruit Fly, which almost wiped out California's fruit and produce industry? The larvae was brought in by a moron, who ignored the rules, just like these morons. Triple the fine!
Aug 16, 2011 8:23AM
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Geez - how hard is it to follow a rule or law.....get over it...Mom or Dad need to set the example for the kids....or just don't travel. 
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