It is being customary we bring a few authentic Russian chocolate bars/sweets to the US but we are always struggling whether we should check that "food" checkbox in the "Customs Declaration" form?
It is under the following entry in the form (yeah, together with insects, right):
I am (We are) bringing:
fruits, vegetables, plants, seeds, food, insects
I've been always checking it but that just gets us into more lines and triggers extra questions after getting to the baggage check.
Yes, according to US CBP officers, you should declare it as food. I bring chocolate every time I fly from Europe.
Generally what happens next is they ask what exactly you are bringing, you say "chocolate" and they let you go.
As a general rule, if you are not sure whether something needs to be declared or not, declare it. There are no penalties for declaring something which doesn't need to be declared.
a) Chocolate, being a thing eaten by humans, is indeed "food."
b) If you say you're not carrying food, and your baggage is searched by Customs and the chocolate discovered, then they have you for lying on your Customs forms. That would be uncomfortable, possibly expensive, and could result in entry to the US being delayed or denied.
Yes, always declare all food. Your honesty will be much appreciated by CBP. I have always been treated profesionally, with courtesy, even friendly. I always itemize my food on the Customs form, emphasizing meat products. It's foolish to hide any, they (used to) have these Beagle dogs that will rat you out by sitting down and giving you that cute look.
In 2010 I hoped to bring the ingredients for split pea soup, including smoked sausage. Meat per se was not forbidden, it depended on the diseases of the period, and this was a foot-and-mouth season. They made me translate all the ingredients lists, and as soon as I reached "beef collagen" the article was confiscated. So I skipped right to the "beef" parts and I lost over half my food stuff. I received no penalty, of course, but my host who loves the soup was less happy.
You need to answer all questions honestly, so if the question is about whether you are carrying food, you need to answer yes, since chocolate is food.
If the question is confusing and you don't know whether to declare it or not, you should always declare it, since there is zero penalty (except for some of your time) for declaring something you didn't need to, but fairly severe penalties (even if the item found is non-harmful or is confiscated) if you don't declare something you should have.
