"Detention Without Physical Examination of Dried Peppers from Mexico"

Reason for Alert

Note: The revision of this Import Alert (IA) dated 08/22/2022 updates the reason for alert, guidance section, agency contacts, charge code language, and countries section. Changes to the import alert are bracketed by asterisks (***). From December 1987, through March 1988, Dallas district, ***reorganized under the Division of Southwest Imports,*** sampled 16 shipments of dried peppers from Mexico from 10 different shippers. Of the 16 dried pepper shipments, 14 were ***found violative and*** detained due to the presence of excessive mold.

Product Description

Dried peppers

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 shipments of dried peppers from Mexico except from the firms identified on the Green List. 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 for the affected goods should provide evidence that demonstrates that the product does not consist in whole or in part of a filthy, putrid, or decomposed substance or be otherwise unfit for food. Such evidence may include private laboratory analysis of samples. Evidence should be submitted to the appropriate FDA Division Compliance Office for consideration, per the notice of detention. Further information regarding private laboratory analyses is found in FDA's ORA Lab Manual, volume III "Laboratory Operations, Applications and Programs", Section 7 "Private laboratory guidance." Following receipt and review of 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 THE GREEN LIST): In order to add a firm's product to the Green List of this Import Alert, 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. 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). For guidance on removal from DWPE, refer to FDAs Regulatory Procedures Manual, 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 email address: 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)