"Detention Without Physical Examination of Processed Crabmeat from Thailand"

Reason for Alert

Note: The revision of this Import Alert (IA) dated 07/27/2021 updates the name of the alert, guidance, agency contacts, and charge code language. Changes to the import alert are bracketed by asterisks (***). In the six-month period from July 7, 1980, to January 9, 1981, there were 21 detentions of canned crabmeat from Thailand, due to insect, rodent, bird, cat and other filth. These detentions represent shipments from several different packers. FY 91 detentions data supports continuation of this import alert as shipments continued to be refused. It has become apparent that crabmeat from Thailand is being imported in additional types of containers other than metal cans. Because filth is associated with the product and not container specific, the import alert has been expanded to encompass additional product processes and all container types (i.e., metal, plastic, paper waxed, fiber board, etc.).

Product Description

Processed crabmeat (in all container types)

Charge

***The article is subject to refusal of admission pursuant to Section 801(a)(3) in that the article appears to consist in whole or in part of a filthy, putrid, or decomposed substance or be otherwise unfit for food. [Adulteration, Section 402(a)(3)]*** OASIS charge code: FILTHY

Guidance

Divisions may detain, without physical examination, all processed crabmeat in containers (metal, plastic, paper waxed fiber board) from Thailand, except from those firms and products (where specified) listed on the Green List which are exempt from detention without physical examination. ***Release of Articles Subject to Detention without Physical Examination Under this Import Alert: In order to secure release of an individual shipment identified for DWPE under this import alert, the owner or consignee of the affected goods should provide the results of a private laboratory analysis of a representative sample(s) collected from the affected article as evidence that the product does not contain filth at a level that is determined to be filthy within the meaning of Section 402(a)(3) of the Federal Food, Drug & Cosmetic Act. Proper sampling and analytical records should be submitted to the appropriate FDA Division compliance office for consideration per the notice of detention. For further information regarding private laboratory analyses, please reference FDA's website for Private Laboratory Testing and FDA's Laboratory Procedure-Private Laboratory Analytical Packages. Following receipt and review of private laboratory results, the FDA may, at its discretion, collect and analyze audit samples before rendering a final decision on the admissibility of the article.*** ***Removal from Detention without Physical Examination (ADDITION TO THE GREEN LIST): In order to add a firm's product to the Green List of this Import Alert, information should be provided to the Agency to adequately demonstrate that the firm has resolved the conditions that gave rise to the appearance of the violation. This can include written preventive controls, monitoring records, and if the condition is pre-existing, a root cause analysis identifying the source or potential sources of contamination. The purpose of this is so the agency will have confidence that future entries will be in compliance with the Federal Food Drug and Cosmetic Act (FD&C Act). Documentation showing that a minimum of five (5) consecutive entries have been released by FDA based on third-party laboratory analysis of a representative sample of the lot verifying that products do not contain filth. For further guidance on removal from detention without physical examination (DWPE), refer to FDA's Regulatory Procedures Manual (RPM), Chapter 9-8, "Detention without Physical Examination (DWPE). If a firm and/or a representative thereof would like to petition for removal from detention without physical examination under this Import Alert, all relevant information supporting the request should be forwarded to the following address: Food and Drug Administration Division of Import Operations 12420 Parklawn Drive, ELEM-3109 Rockville, MD 20857 Or, be sent via email to: Importalerts2@fda.hhs.gov *** *** Questions or issues involving import operations should be addressed to OII Division of Import Operations (DIO) at (301) 796-0356 or Imports@fda.hhs.gov. Questions or issues involving science policy, analysis, preparation, or analytical methodology, should be addressed to FDAPRIVATELABIMPORTALERTS@fda.hhs.gov Questions or issues with regard to human food on policy, sample collection recommendations, or any additional questions not directly related to a detained entry, should be addressed to the Human Foods Program Imports Enforcement Branch at HFP-OCE-Imports@fda.hhs.gov ***

Affected Countries (1)