IA#23-10 --- 9/12/90, REVISED
TYPE OF ALERT: AUTOMATIC DETENTION (SHELLED)
Increased Coverage (In shell) of non USDA Tested Shipments.
PRODUCT : In Shell and Shelled Brazil Nuts
PRODUCT CODE : 23A[][]02 (In Shell)
23B[][]02 (Shelled)
HARMONIZED
CODE : 0801
PROBLEM : Aflatoxin (PSAM)
PAC : 07002
COUNTRY : In-Shell- ALL
Shelled - Canada (CA)(260)
MANUFACTURER/
SHIPPER : In-Shell - Various
Shelled - Trophy Foods, Inc.
6555 Kestral Rd.
Mississauga, Ontario 1ST 1P4 Canada
Watt & Scott Ltd.
5470 Ferrier St.
Montreal, Quebec H4F 1M7 Canada
Krispak Ltd.
490 Midwest Rd.
Scarborough, Ontario, Canada
MANUFACTURER/
SHIPPERS ID : N/A
IMPORTER'S ID: N/A
CHARGE: "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)]."
RECOMMENDING
OFFICE : Various
REASON FOR
ALERT : 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.
INSTRUCTIONS : For Shelled Brazil Nuts:
Automatically detain 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.
FOI : No purging is necessary.
KEYWORDS : Brazil, nuts, aflatoxin, Canada, USDA, MOU
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