"Detention Without Physical Examination of Dates from PROC and Hong Kong Due to Filth"

Reason for Alert

Note: The revision of this Import Alert (IA) dated 06/02/2022 updates the Import Alert name, reason for alert, guidance section, agency contacts, and product description. Changes to the import alert are bracketed by asterisks (***). This alert initially issued on October 19, 1982, after evaluation of data revealed that for the period from October 1, 1981, through March 31, 1982, 51 of 85 shipments of dates examined from the People's Republic of China (PROC) and Hong Kong were detained due to filth (insect, rodent, bird, spiders, and mites). This represented a 60% violation rate. The 51 detentions represented shipments from 20 different manufacturers/shippers. ***Review of data from 2021 indicates shipments continue to be detained with shipments continuing to result in refusals.***

Product Description

***Dates (Ziziphus jujuba). The following are names used for Ziziphus jujuba, which are imported predominately from PROC and Hong Kong and are grown in China, India, Africa, and countries around the Mediterranean: Chinese red date; common jujube; jujube date; rhamnus ziziphus; dried red date jujube nut; Da Zao; ziziphus lotus; honey date; ziziphus sativa; jujube de Chine; ziziphus vulgaris; Chinese jujube ziziphus; ziziphus Hong Joh; jujube comun. The following are names that can be used for Phoenix dactylifera, are familiar to the American public, and are predominately grown in Egypt, Iraq, Iran, and Saudi Arabia: datte; pygmy date palm; datte deglet-nour; miniature date; date palm; wild date palm; Senegal date palm; The information for the Phoenix dactylifera is being provided for clarity only and is not covered by this detention without physical examination.***

Charge

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

Guidance

***Divisions may detain dates (Ziziphus jujuba) from the People's Republic of China (PROC) and Hong Kong, without physical examination, except those listed on the Green List of this alert. Refer to the Product Description section for alternative names for dates.*** Release of Articles Subject to Detention Without Physical Examination under This Import Alert: In order to secure release of an individual shipment subject to detention without physical examination (DWPE) under this import alert, the owner, consignee and/or another responsible party to the shipment should provide ***evidence which demonstrates that the product does not bear or contain filth. Such evidence could include Private laboratory analysis of a representative sample(s) collected from the affected article.*** ***Such evidence 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 Laboratory Procedure-Private Laboratory Analytical Packages. Following receipt and review of private laboratory analytical 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 GREEN LIST): In order to add a firm's product to the Green List, information should be provided to the Agency to adequately demonstrate that the manufacturer has resolved the conditions that gave rise to the appearance of the violation. The purpose of this is so that the Agency will have confidence that future shipments/entries will be in compliance with the Federal Food Drug and Cosmetic Act (FD&C Act). For guidance on removal from DWPE, refer to FDA's Regulatory Procedures Manual (RPM), ***Chapter 9, "Import Operations and Actions", Section 9-8,*** "Detention without Physical Examination (DWPE)." If a firm and/or a representative thereof would like to petition for removal from DWPE 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 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 (2)