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IA #28-11 - 7/07/06, IMPORT ALERT #28-11 "DETENTION WITHOUT PHYSICAL
EXAMINATION OF FRESH BASIL AND MESCULIN DUE TO THE PRESENCE OF CYCLOSPORA
CAYETANENSIS"

The revision to this import alert was made by CFSAN, HFS-606, to maintain the
alert in place after the firm/products which were the initial subject of this
alert had been removed from detention without physical examination.

TYPE OF ALERT: DETENTION WITHOUT PHYSICAL EXAMINATION (DWPE)

               (Note: This import alert represents the Agency's current
               guidance to FDA field personnel regarding the
               manufacturer(s) and/or products(s) at issue.  It does not
               create or confer any rights for or on any person, and does
               not operate to bind FDA or the public).

PRODUCT:       Fresh (Raw) Basil and Mesculin

PRODUCT
CODE:               28A[]B04/28A[]C04/28A[]T04 -  Basil
               25E[]B95/25E[]C95/25E[]T95 -  Fresh Shredded Mixed
                                             Vegetables For Salads
               24T[]B47/24T[]C47/24T[]T47 -  Mesculin (Mesclun)

PROBLEM:       Cyclospora cayetanensis

PAF:           MIC

PAC FOR
COLLECTION:         03R175

COUNTRY:       See Attachment

MANUFACTURER/
SHIPPER FEI#:  See attachment

IMPORTER'S
FEI#:               See attachment

CHARGE:        "The article is subject to refusal of admission pursuant to
               Section 801(a) (3) in that such article appears to contain
               Cyclospora cayetanensis, a poisonous or deleterious
               substance which may render it injurious to health
               [Adulteration, Section 402(a)(1)]."

                               And

               "The article is subject to refusal of admission pursuant to
               Section 801(a)(3) in that it appears to have been prepared,
               packed, or held under insanitary conditions whereby it may
               have been contaminated with filth, or whereby it may have
               been rendered injurious to health [Adulteration, Section
               402(a)(4)]."

                               And

               "The article is subject to refusal of admission pursuant to
               Section 801(a)(1) of the act in that it appears to have been
               manufactured, processed or packed under insanitary
               conditions."

OASIS CHARGE
CODE:               POISONOUS
               INSANITARY
               MFR INSAN

RECOMMENDING
OFFICE:        Imports Branch, Division of Enforcement, Office of
               Compliance, CFSAN (HFS-606)

REASON FOR
ALERT:         Fresh (raw) basil was implicated by an investigation of
               Outbreaks of cyclosporiasis (infection with the parasite
               Cyclospora cayetanensis) that occurred in the spring of
               2005, in multiple counties in Florida.

               Cyclospora cayetanensis is a protozoan parasite that is
               contracted by eating food or drinking water contaminated
               with human feces from infected individuals. No non-human
               sources of the parasite are known to exist.  This fact, in
               conjunction with the other evidence, led FDA to conclude
               that the implicated products were contaminated as a result
               of insanitary conditions in the production or packing
               operations, e.g., poor worker hygiene,inadequate worker
               sanitation facilities, and/or contaminated water supply.

GUIDANCE:      Districts may detain, without physical examination, all
               fresh raw basil and mesclun from the firm(s) identified in
               the attachment to this Import Alert. Because the products
               appear to have been manufactured, processed or packed under
               insanitary conditions, FDA does not generally intend to
               consider results from analytical testing of the product upon
               entry into the United States indicating the absence of
               Cyclospora cayetanensis as sufficient to justify release of
               the product.

               Firm(s) subject to this alert should forward information
               establishing that the conditions that gave rise to the
               appearance of a violation have been resolved to the
               following address:

               Food and Drug Administration
               Center for Food Safety and Applied Nutrition
               Office of Compliance
               Division of Enforcement/Imports Branch (HFS-606)
               5100 Paint Branch Parkway
               College Park, MD 20740

               In order to assess the adequacy of the firm's agricultural,
               packing, processing, and transportation practices, FDA
               personnel intends to review submitted information describing
               the firm's practices. This information should include, but
               is not limited to, the following areas:

               *    Water quality in irrigation, packing, and cooling;
               *    Manure use and biosolids, animal management;
               *    Worker health and hygiene;
               *    Sanitary facilities in field and packing house, and
                    disposal of sewage;
               *    Maintenance program for cleaning, sanitizing
                    equipment;
               *    Field and packing facility sanitation;
               *    Transportation.

               Further details and examples of the types of information
               that may be useful in submissions can be found in FDA's
               Guide to Minimize Microbial Food Safety Hazards For Fresh
               Fruits and Vegetables (63 FR 58055, October 29, 1998:
               www.foodsafety.gov/~dms/prodguid.html).

               In addition, in order to assess the adequacy of the firm's
               response to the outbreaks, FDA personnel intend to review
               submitted information describing the firm's corrective
               actions. This information should include, but is not limited
               to, the following areas:

               *    Proof of an adequate search for the source of the
                    contamination;
               *    Development of a corrective action plan;
               *    Sustained implementation of an appropriate food safety
                    program and corrective action plan.

               After reviewing these submissions, FDA, either solely or in
               conjunction with the relevant foreign regulatory authority,
               may conduct another inspection of the firm to verify the
               information submitted to FDA.  The Agency may consider
               evidence from the foreign government in establishing that
               the probable cause of Cyclospora contamination in fresh
               (raw) Basil and Mesclun produced by the implicated firm has
               been identified and appropriate corrective action has been
               taken.

               Questions may be directed to Doriliz De Leon, CFSAN, HFS-
               606, at 301-436-2772 or Sal Evola, CFSAN, HFS-606, at 301-
               436-2164.

               Questions or issues concerning science, science policy,
               sample collection, analysis, preparation, or analytical
               methodology, may be directed to the Division of Field
               Science at (301) 827-7605.

PRIORITIZATION
GUIDANCE:      I

FOI:           No purging required

KEYWORDS:      Produce, Cyclospora, pathogens, microbial contamination,
               food borne outbreak, epi data

PREPARED BY:   Ted Poplawski, DIOP (301) 443-6553
               CFSAN, Office of Compliance, Imports, 301-436-2413

DATE LOADED
INTO FIARS:         July , 2006

                    Under the Authority of
                  Domenic Veneziano, CDR USPHS
                                                           Attachment

 (Currently there are no firms/products listed in the attachment)