"Detention Without Physical Examination and Surveillance of Enriched Pasta Products for Standard of Identity"

Note: The revision of this Import Alert, dated 7/6/2011 adds additional products to the list of those subject to detention without physical examination and surveillance under Import Alert 04-06, per recommendation from CFSAN.

The New York State Department of Agriculture and Markets collected and analyzed enriched pasta products from a Mexican manufacturer and found those products to contain excessive iron. Based on this information, in October 20, 2000, New Jersey District collected and analyzed samples of Enriched Coditos #35, (Enriched Elbow Macaroni), Enriched Spaghettini #9, and Enriched Ziti #74 manufactured by Productos Alimenticios La Moderna, Toluca, Mexico.

The analysis performed by Atlanta District revealed the presence of iron at 138%, 133%, and 231% above what is prescribed in the standard of identity for enriched macaroni products, 21 CFR Section 139.115 (a) (1); namely, that each pound of product will contain not less than 13 mg and not more than 16 mg of iron (Fe).

In June 2005 Southwestern Import District collected and had analyzed samples of "Enriched Macaroni Products SEEDS" marketed under the brand "Pagas" and manufactured by Pastas y Gellatos De Tijuana. The analysis revealed that the macaroni product contained less than the required amount of riboflavin under the standard of identity in 21 CFR section 139.115(a)(1).

Scientific experts in the Center for Food Safety and Applied Nutrition (CFSAN) reviewed the analytical data and supported the conclusion that the above named products do not conform to the standard of identity for enriched macaroni products.

Districts may detain, without physical examination, the enriched pasta products from the manufacturer identified in the Red List of this import alert.

Increased surveillance of pasta products from other manufacturers appears warranted.

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

All requests for removal from detention without physical examination should be address to DIOP 301-796-0356.

Pasta, Mixed or Blended Pasta Products (all styles including pasta/noodles/spaghetti/macaroni, etc.)

"The article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be a food for which a definition and standard of identity have been prescribed by regulations as provided by section 401 and the food does not appear to conform to such definition and standard [Misbranding, Section 403(g)]."

OASIS charge code - STD IDENT