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Personal importation policy (revision 4)

Old revision·16:05, 27 Dec 2024·CarryOverCai

This is an old revision of this page, as it stood at 16:05, 27 Dec 2024, saved by CarryOverCai with the summary correct the description of the research-use-only exemption. It may differ substantially from the current revision, and any error it contains may since have been corrected.
Personal importation policy
NatureEnforcement discretion, not permission
Varies byJurisdiction, substance, quantity, declared purpose
Outcome if not appliedDetention, refusal, or seizure
Topic infobox · conventions

Personal importation policy describes the discretion some regulators exercise not to pursue enforcement against small quantities of a medicine imported by an individual. It is a statement about how an authority intends to use its resources, not a right of importation and not permission.[1]

The conditions typically named include a quantity consistent with personal use, a substance not otherwise prohibited, and an absence of commercial character. Meeting them does not guarantee entry; a consignment may still be refused. See Customs seizure.[1]

Policies differ substantially between jurisdictions and are revised. This wiki describes the mechanism and does not advise on the legality of any transaction; see Regulatory status by jurisdiction.[2]

Discretion is not permission

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A policy of this kind states that an authority does not ordinarily act in defined circumstances. It does not change the underlying legal position, and it can be changed without legislation.[1]

The practical consequence is asymmetric: a person relying on such a policy has no entitlement if it is not applied, and no remedy if a consignment is refused. Goods are not usually returned.

Research chemicals occupy a different category again. A substance imported as a laboratory reagent rather than as a medicine is subject to different rules, and the declared purpose is part of what determines which rules apply.[2]

References

  1. ^ a b c United States Food and Drug Administration, Regulatory Procedures Manual, chapter 9 (coverage of personal importations).
  2. ^ a b World Customs Organization, International Convention on the Simplification and Harmonization of Customs Procedures (revised Kyoto Convention).