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Is a Washington State Apple that was on a US Flagged Airplane ever actually leave the US?
yes. once the airplane enters the airspace of another country or land in another country, legally it left the USA and under the jurisdiction of that country already.
CBP officer is being a major butthole and exercising zero discretion or flexibility, but that's in his realm of options.
he was not a human. he was a robot, following instructions to a T.
agents in LAX just confiscate prohibited foods/fruits and let you go. in Toronto, the agents just let me empty the wine I was carrying and let me board the plane.
I think the fine is ridiculous. I could see it if she brought something from where she was flying from and did not declare, but taking something the airline handed out is really something in my opinion she did not have intent on circumventing declarations, and against the spirit of what the declaration is for.
I'm back and forth on this. On one hand, rules are rules.. On the other.. c'mon.. It's an apple given out by the airline on the flight.
Outside of the fine.. This would also cost her the Trusted Traveler status.. that part I actually have less of a problem with for some reason. The fine just seems excessive.
I think the fine is ridiculous. I could see it if she brought something from where she was flying from and did not declare, but taking something the airline handed out is really something in my opinion she did not have intent on circumventing declarations, and against the spirit of what the declaration is for.
Except in this case what she didn't declare could actually cost tens of millions of real dollars due to potential pests, not $3.50 in unclaimed duty.
If the airlines handed out the fruit....then it certainly should have been ok to take it to the next flight. This 500 grab is ludicrous....and the airline who gave her the fruit should pay it. And, quit handing out anything that is banned from boarding inspections.
I do not see where the airline has any liability. The passenger filled out the form (paper or screen) that specifically says said she isn't bringing any fruit - the word "fruit" is literally there. She's even a member of the Global Entry where you get expedited treatment in return for signing off that yes, you understand the rules 100% and yes, you intend to uphold them to the letter.
yes. once the airplane enters the airspace of another country or land in another country, legally it left the USA and under the jurisdiction of that country already.
True. My question is whether the apple was loaded in the US and what the questionnaire actually says (I forget). If the apple was loaded in the US and the questionnaire asks you to declare items being purchased from abroad or imported into the US, I'd argue that the Delta apple doesn't apply. Even if this is the case, though, you'd have the question of how would the agent know where the apple came from. Thus, the agent appears to be justified in giving the fine, even if it may very well be a bad fine.
Upon arrival in the US, it's made abundantly clear that you must declare all food you're bringing into the country. Whether you fill out a physical form, use the Global Entry kiosk, a non-Global Entry kiosk or the mobile customs app on your phone, the question is asked. You're on the honor system, of course, but it's best to answer truthfully. If you say you have food, they'll likely ask you what that food is. Again, if you answer truthfully, you're probably fine, even if you have prohibited meat or produce. If you tell them, "Oh, I have an apple," they'll probably politely tell you that it's not allowed and ask you to hand it over, with no penalty. It's almost certainly the passenger's failure to disclose that she had an apple and subsequent discovery, upon random check, that she did that got her the fine.
I always declare ALL food I bring off the airplane, and know not to bring meat, fresh fruits or vegetables. My last flight was on KLM, and I even declared the tiny amount of genever that was in the little Delft china house that KLM gives their business class passengers as a memento at the end of the flight. The CBP agent was momentarily confused and asked what that was; when I explained that it was basically a Dutch form of gin, he laughed, said good-naturedly, "Sounds tasty," and sent me on my way.
Finally, any unused food that is not hermetically sealed - particularly fruit, vegetables and meat - remaining on the he airplane is incinerated upon arrival. The airline doesn't declare it and bring it through customs or re-use it. I have had flight attendants hand me an opened but barely touched bottle of wine that they'd noticed I had enjoyed on the flight, explaining that I could bring it through as long as I declared it, but if it remained on the plane it would have to be tossed, and that would be a shame.
It has been a long time since I did it, but I have always declared food I was carrying, and it was never taken away from me. That includes to US, Canadian, and Japanese customs officials, and including fresh fruit. I just explained that it was snack food and I was going to eat it myself. They were all like OK, no problem.
Delta should just give this woman a $500 check instead of letting this turn into a PR disaster! Sounds like the fruit was distributed after the customs forms were distributed and completed. (I read another article on another website). If that is the case, Delta should have warned against their removal and/or distributed Biscoff cookies in their place. A business should strive to never set their customers up for failure. As an international carrier, Delta should have properly warned their customers of any potential issues that frankly should have been foreseen on the part of the airline.
It's not Delta's problem, and if they did that, it would set a very bad precedent that could cost the airline a lot of money.
Firstly, the woman was not fined for having an apple. She was fined for not declaring the apple. Secondly this was not something she forgot, she deliberately kept it aside to eat during a layover for a later flight.
In answer to a comment above, the question on the Global Entry kiosk which she was using is very simple "Do you have fruits, plants, food, insects, animal/wildlife products, disease agents, cell cultures, snails or soil" YES or NO.
Finally, the woman was a part of Global Entry, a program entitled "Trusted Travellers" what you are agreeing to, by being a part of that program, is that you fully understand the rules, and in return for you promising to understand and obey them is that you will be rewarded with expedited service and entry into the USA. Having signed up to that program, this woman has in essence agreed to that, and by her own admission she deliberately kept the apple for later. This isn't some piece of fruit left at the bottom of her bag by accident. She deliberately kept it, then clicked "NO" on the form.
Being a part of the program and then deliberately breaking the rules, she deserves every penny of the fine, and to lose her Global Entry privileges.
Edit: Atlwarrior in her case it makes no difference that the apple was given AFTER customs forms were given out. As a global entry registrant she would not be using the forms, she would be doing the kiosks at the immigration counters, she would have had the apple long before that.
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