Thursday, October 11, 2012

Desperadoes at the Border Update!

Smiling, all happy with Mr. Phamacist!
Little Mary, if you only knew what was about to happen!
*
If you've been following the Sherry saga, where she was fined $330 for over-the-counter medication when passing back into the U.S. from Progresso....here is the rest of the story.

Back story:

First time through the agent told her she could only have a one month supply (heartburn meds) and she should return to the pharmacist and get her money back.  Pharmacist instead poured three months pills into one bottle.
Didn't fool the agent. 
 It ticked him off and Sherry was fined.

Incensed Tony called KRGV TV and they did a story about it, and then a followup where the TV station arranged a buy of the same meds, WITH NO PROBLEMS CROSSING AT ALL.

The Rest of the Story:

Jim and I ran into Tony a few minutes ago at Lowes.
He told us about the meeting they just had with border patrol.
Bottom line is so sorry, we are right and you are wrong.
Each agent can decide who gets thru with what. 
Sherry was just unlucky as the letter of the law says
 ONE MONTH AT A TIME
unless you have a doctor's order for more.
Pharmacist also just threw up his hands in dismay
(but didn't help pay the fine).

So...they got screwed and suggest anyone buying any meds from Mexico...do one month at a time and stockpile.

7 comments:

Anonymous said...

Is it really worth it?

SueZ said...

That's the question, isn't it. For us it isn't because we have a really good insurance plan covering meds...but others may not be that lucky. So...take your chances, I guess.

David 120 said...

"That's the Law"?

Being from Missouri, I would ask them to Show Me the law! The Customs Declaration form doesn't say anything about 30 days limit on OTC medicine. It has limits for alcohol, tobacco and drugs under FDA jurisdiction, otherwise $800 per person exemption from import duty on merchandise. Is OTC medicine under FDA control? Then how do you define 30 days' supply of aspirin? Or ANYTHING that is non-prescription?

Sheesh!

David 120 said...

I've been keeping our daughter updated with this adventure so she can see what her Mom is up to. After reading this entry, and the comments, she sent back the following message (in part):

I am the research geek at work when it comes to federal regs, and (just for fun!) I have spent the past two hours scouring the Codes of Federal Regulation for US Customs and Border Protection (Title 19) and for US Food & Drug Administration (Title 21). CBP enforces the rules of FDA, who oversee OTC drugs. Nowhere in the regs have I found a one-month importation quota for OTC meds. The closest I have seen is a vague reference to a 50-dosage limit, but the reference didn't point to a specific CFR chapter. So, the initial refusal is difficult to understand, unless I'm missing something in the saga. However, the CBP definitely had the right to fine the second attempt, as the package failed to meet the FDA regulations for proper labeling regarding the quantity!

Aargh, I think it's time to go read some fiction :)

SueZ said...

Give a guy a uniform and some take advantage. Now we are leary of going to Mexico because of violence both in country and from our own "guys".
Their mission statement seems to be, "We can do what we like and you'll just have to take it!"

Sherry said...

I also agree that the second attempt was wrong and I paid for that. BUT WHY the issue of the OTC pills in the first place. THAT IS MY QUESTION !!! YOUR un HAPPY SMUGGELER !!!

David 120 said...

Our daughter just sent this additional message...

Further update: Found on the CBP website further clarification about the FDA's 50 dosage limit. It applies to "experimental" drugs which are used to treat terminal illness, obviously drugs that are not approved in the USA.

Sherry, I had the same thought about the impropriety of their FIRST objection to your possessions. I disagree that they have discretion to fabricate their own rules on the spot. Can you spell ENTRAPMENT? I also think the punishment was excessive and vindictive. They acted like you were operating on the same level as the big cartel boys!