"Surveillance of In-Shell Brazil Nuts"

For In-Shell Brazil Nuts:

A Memorandum of Understanding with USDA, which has been issued by FDA as CPG 7155a.13, establishes the voluntary program whereby importers may contact the Agricultural Marketing Service of USDA and submit for sampling and aflatoxin analysis a lot of in-shell Brazil nuts intended for importation into the United States. The MOU program applies to importation from intermediate countries (a country other than where the nuts originated) and to reimportation into the United States after the nuts have been exported from this country, as well as to direct importation from the country of origin.

We have been informed that importers are often not participating in the program and therefore are importing Brazil nuts without submitting them to USDA for testing. As a result, untested lots of in-shell Brazil nuts are being introduced into United States commerce to a larger degree than anticipated. In order to fill this "gap" due to non-participation in the program, FDA will examine all untested lots.

For Shelled Brazil Nuts:

From September 19, 1989 through October 3, 1989, BUF-DO sampled and analyzed three shipments of shelled Brazil nuts which were entered at the ports of Buffalo and Niagara Falls, NY. Samples were adulterated with violative levels of aflatoxin ranging from 35 ppb to 153 ppb (check analysis). The samples were representative of the three referenced Canadian shippers.

For Shelled Brazil Nuts:

Districts may detain, without physical examination, all shipments of Brazil nuts from the above named Canadian shippers. Increased sampling from other shippers is indicated.

For In-Shell Brazil Nuts:

Review all entries of imported Brazil nuts. Determine if the lot has been tested by USDA. If it has, release or detain the shipment based on USDA findings; if it has not, collect a sample for analysis by your designated servicing laboratory.

Sampling instructions are provided in IOM Chapter 4, Chart 6. When informing the importer of the results of analysis, remind the importer of the existence of the MOU and the voluntary testing program for aflatoxin in Brazil nuts.

In Shell and Shelled Brazil Nuts

"The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to contain aflatoxin, a poisonous or deleterious substance [Adulteration, Section 402(a)(1)]."

OASIS charge code - AFLATOXIN