"Detention Without Physical Examination of Expressed Mustard Oil"

Reason for Alert

Note: The revision to this Import Alert (IA) dated 04/15/2026 updates the subtype to Firm Alert. Updates include reason for alert, guidance, agency contacts, product description section, and charge section. Changes to the import alert are bracketed by asterisks (***). ***Expressed mustard oil is reportedly used by some cultures as a cooking oil and may contain 20 to 40% erucic acid. Consumption of high levels of erucic acid has been associated with cardiac lesions in test animals. Mustard oil containing unsafe levels of erucic acid is an unsafe food additive within the meaning of section 409 of the FD&C Act. It is important to note that there is another product referred to as mustard oil that is safely and lawfully used as a flavoring agent in food. Although commonly referred to as mustard oil, this oil is an essential oil of mustard or volatile mustard oil and is a flavoring produced by steam distillation of black mustard flour or mustard cake. This essential oil is generally recognized as safe (GRAS) when used as a flavoring agent in accordance with good manufacturing practice per CFR 182.20.***

Product Description

Expressed Mustard Oil, ***Cold Pressed Mustard Oil*** Crude vegetable oil (mustard) Refined vegetable oil, single ingredient (mustard)

Charge

The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to be or to bear or contain an unsafe food additive within the meaning of section 409. ***[Adulteration, Section 402(a)(2)(C)(i)]*** OASIS charge code: UNSAFE ADD

Guidance

***Divisions may detain without physical examination all entries of expressed mustard oil, except those firms identified on the Green List of this alert. This alert applies only to oil expressed from mustard seed that is often used as a cooking oil and does not contain the flavoring components found in the essential oil. Divisions may need to establish which type of oil is offered for entry to determine applicability of this import alert. Key differences between expressed mustard oil and essential oil of mustard are: viscosity, with expressed mustard oil having a higher viscosity; labeling, with expressed mustard oil being labeled with terms such as �pressed� or �expressed� while essential oil of mustard may be labeled with terms such as �volatile oil of mustard� or �steam distilled;� volume, with expressed mustard oil for retail sale typically offered in volumes similar to other cooking oils (such as vegetable oil or canola oil) while essential oil of mustard is typically sold in smaller containers similar to vanilla or other flavorings; and price, with essential oil of mustard typically being higher in price. These differences are not conclusive or exhaustive but are intended to be guidelines to differentiate expressed mustard oil from essential oil labeled as mustard oil. The correct product code for the essential oil of mustard used as a flavoring is 28O[][]01. This alert may also apply to products labeled as �for topical use only� if there is evidence that the product may also be consumed, such as labeling that also indicates the product may be used for either massage or cooking.*** ***Release of Articles Subject to Detention Without Physical Examination Under This Import Alert: In order to secure release of an individual shipment subject to DWPE under this import alert, the owner, consignee, and/or other responsible party for the affected goods should provide evidence which demonstrates that the product does not bear or contain unsafe levels of erucic acid. Such evidence could include private laboratory analysis of a representative sample of the detained product. Evidence should be submitted to the appropriate FDA Division Compliance Office for consideration per the notice of detention. If a private laboratory is used, further information regarding private laboratory analyses is found in FDA's ORA Lab Manual, Volume III, Section 7. 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. All private laboratory results deemed acceptable upon scientific review should be referred for HFP review prior to release, until further guidance is provided. Further, reconditioning the product as a topical product may not be sufficient to secure release of the entry. Proposals to recondition a product by relabeling it as a topical product should be forwarded for review by HFP, until further guidance is provided.*** ***Removal from Detention without Physical Examination (ADDITION TO GREEN LIST): In order to add a firm and its 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, including but not limited to evidence that the product does not contain unsafe levels of erucic acid, information on the composition of the source seeds, oil manufacturing method. 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 further guidance on removal from detention without physical examination (DWPE), refer to FDAs 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 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 ORA/Office of Regulatory Science at oraorsprivatelabimportalerts@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)