"Countrywide Detention Without Physical Examination Of Processed Foods for Pesticides"

The revision of this Import Alert dated 04/27/2011, removes Guatemalan snow peas from detention without physical examination. Changes bracketed by ***

This alert was created to cover countrywide Detention Without Examination (DWPE) of processed foods due to illegal pesticide residues. Individual growers/shippers will continue to be covered by Import Alert # 99-08.

Districts may detain without physical examination any shipment of the listed products where countrywide detention has been initiated as identified below in this alert if the shipper or grower fails to provide a valid certificate of analysis showing the product does not contain illegal residues of the cited pesticides(s).

A firm subject to countrywide detention without physical examination under this import alert may also be subject to detention without physical examination under Import Alert #99-08 for another pesticide. If the firm does not provide certification to demonstrate that the product is free from pesticide residues shown in both Import Alert #99-08 and Import Alert #99-15, the product should be detained using the charge above, naming all the pesticides for which the firm is recommended for DWPE.

Individual growers or shippers can be exempted from countrywide DWPE by providing substantial evidence that their product is in compliance. Exempted growers/shippers are identified in the Green List of this alert.

*** Exempted growers/shippers are considered exempt for all types of the particular produce. For example, a firm exempt from DWPE for peppers is exempt for all types of peppers; a firm exempt for eggplants is exempt for all types of eggplants. ***

If a firm is listed in the Green list as exempt from countrywide DWPE under this import alert, but is subject to DWPE under Import Alert #99-05 for another pesticide, the procedures in Import #99-05 should be followed.

*** For questions or issues concerning science, science policy, sample collection, analysis, preparation, or analytical methodology, contact the Division of Field Science at 301-796-6600.

In order to remove a firm from detention without physical examination, information should be provided to FDA to adequately demonstrate that the manufacturer has resolved the conditions that gave rise to the appearance of the violation, so that the Agency will have confidence that future entries will be in compliance.

For guidance on removal from detention without physical examination, refer to FDAs Regulatory Procedures Manual, Chapter 9, Detention Without Physical Examination (DWPE).

If a firm, shipper or importer wishes to request removal from detention without physical examination, they should forward information support their request to FDA at the following address:

Food and Drug Administration
Division of Import Operations and Policy
12420 Parklawn Drive, ELEM-3109
Rockville, MD 20857

Or via email: Importalerts2@fda.hhs.gov

PRODUCTS SUBJECT TO COUNTRYWIDE DWPE:

COUNTRY: HONG KONG
1. Duck eggs, in shell

COUNTRY: TURKEY
1. Raisins (dried grapes) (berry)
2. Raisins (dried or paste)

***

RECOMMENDING
OFFICE:
*** CFSAN, Director of Regulatory Affairs
ORO, Division of Import Operations, Operations and Policy Branch ***

Processed Foods

The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to contain a pesticide chemical, namely __________, which is in violation of Section 402(a)(2)(B)].

OASIS Charge Code: PESTICIDE2