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- Joined
- Aug 22, 2003
- Messages
- 412
With all the talk regarding DNP, I dug up the file I kept when I had my DNP seized, and eventually returned. I do not suggest you follow my course of action, but being aware of the relevant laws concerning DNP may be useful if you are ever in a similar situation.
A few weeks after ordering from the UK, I received the original package, empty except for a seizure letter containing a case number. No details regarding the reason for the seizure apart from that the 'shipment contained items that were determined to be an illegal importation'.
A few weeks after that I received a separate letter correctly identify the seized contents as DNP, and stating that the DNP was seized under the provisions of 19 CFR §595a(c) (Merchandise introduced contrary to law), for violation of 21 CFR §331(a) (The introduction or delivery for introduction into interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.) and (b) (The adulteration or misbranding of any food, drug, device, or cosmetic in interstate commerce.) I was also informed that under the provision of 19 CFR §1618; I could ‘petition for relief from the above liability’. Lucky me.
Included was a “Election of Proceedings Form AF – Post’ that had the following 3 options for me to choose from.
I could request that the Customs Service:
1. refer the case for Court action.
2. begin administrative proceedings to forfeit the property.
3. consider my petition or offer administratively.
Since I knew that I had not violated any Federal or local legislation, I completed and signed the form and petitioned for the return of my property based on the following points:
1. The alleged violation cited for the reason of seizure was invalid, 21 CFR §331(a)(b), deals with food, drugs, devices and cosmetics intended for interstate commerce; whereas the property seized was a chemical compound intended solely for research purposes.
2. The property seized amounted to less than 500kg of 2,4-Dinitrophenol, and under the provisions of 40 CFR §712.25 (a) (b), a person who imports less than 500kg at a single site, and a person who imports solely for the purpose of research, I was considered exempt from reporting under 40 CFR §712.20.
40 CFR §712 is the chemical information rules for the EPA’s Toxic Substance Control Act which is the only Federal Regulation which specifically regulates DNP. My property was returned to me approximately2 months later.
This information does NOT constitute legal advice. If you ever have the need to deal with the Federal or local authorities, hire a lawyer and do not under any circumstances talk with anyone without your lawyer being present.
A few weeks after ordering from the UK, I received the original package, empty except for a seizure letter containing a case number. No details regarding the reason for the seizure apart from that the 'shipment contained items that were determined to be an illegal importation'.
A few weeks after that I received a separate letter correctly identify the seized contents as DNP, and stating that the DNP was seized under the provisions of 19 CFR §595a(c) (Merchandise introduced contrary to law), for violation of 21 CFR §331(a) (The introduction or delivery for introduction into interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.) and (b) (The adulteration or misbranding of any food, drug, device, or cosmetic in interstate commerce.) I was also informed that under the provision of 19 CFR §1618; I could ‘petition for relief from the above liability’. Lucky me.
Included was a “Election of Proceedings Form AF – Post’ that had the following 3 options for me to choose from.
I could request that the Customs Service:
1. refer the case for Court action.
2. begin administrative proceedings to forfeit the property.
3. consider my petition or offer administratively.
Since I knew that I had not violated any Federal or local legislation, I completed and signed the form and petitioned for the return of my property based on the following points:
1. The alleged violation cited for the reason of seizure was invalid, 21 CFR §331(a)(b), deals with food, drugs, devices and cosmetics intended for interstate commerce; whereas the property seized was a chemical compound intended solely for research purposes.
2. The property seized amounted to less than 500kg of 2,4-Dinitrophenol, and under the provisions of 40 CFR §712.25 (a) (b), a person who imports less than 500kg at a single site, and a person who imports solely for the purpose of research, I was considered exempt from reporting under 40 CFR §712.20.
40 CFR §712 is the chemical information rules for the EPA’s Toxic Substance Control Act which is the only Federal Regulation which specifically regulates DNP. My property was returned to me approximately2 months later.
This information does NOT constitute legal advice. If you ever have the need to deal with the Federal or local authorities, hire a lawyer and do not under any circumstances talk with anyone without your lawyer being present.
