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IA #37-05 - 6/22/99, IMPORT ALERT #37-05 "Detention Without Physical
Examination Of Heat and Serve Products Containing Cheese For the Presence of
Listeria moncytogenes", Attachment - 1/14/08

NOTE:     This import alert represents the Agency's current guidance to FDA field
          personnel regarding the manufacturer(s) and/or product(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.)

TYPE OF ALERT: Detention Without Physical Examination

PRODUCT:       ***All heat and serve products containing cheese

PRODUCT CODE:  See Attachment

PROBLEM:       Listeria moncytogenes

PAF (Problem
Area Flag):         MIC (Microbiological Hazard)

PAC FOR
COLLECTION:         03819C

COUNTRY:       ***See Attachment

MANUFACTURER:  See Attachment

FEI:           See Attachment

CHARGE:        The article is subject to refusal of admission pursuant to
               section 801(a)(3)in that it appears to contain Listeria, a
               poisonous and deleterious substance which may render it
               injurious to health. [Adulterated, 21 U.S.C. 342(a)(1)]
               (OASIS Charge code: Listeria)

RECOMMENDING
OFFICE:        DAL-DO, HFR-SW155/DIOP, HFC-170
               LOS-DO, HFR-PA256/DIOP, HFC-170

REASON FOR
ALERT     :         In October 1998, Dallas District detained two separate
                    shipments (cheese flautas and cheese corn dobladitas) from
                    Sigma Alimentos Congelados, Linares, N.L., Mexico, due to the
                    presence of Listeria monocytogenes. Subsequently, this firm
                    submitted acceptable private laboratory analysis for the
                    cheese flautas and this product is not subject to DWPE.
                    Districts however, should sample this product on a
                    surveillance basis.

               ***In February 2003, Seattle District detained an entry of
               heat and serve bacon, egg and cheese pastries from Canada
               contaminated with L. monocytogenes.

GUIDANCE:      Detain without physical sampling or analysis products from
               the manufacturers and shippers listed in the attachment of
               this alert.  Increased surveillance of other similar products
               from these and other manufacturers appears warranted.

               When districts encounter shipments of products found to be
               violative for Listeria monocytogenes, a recommendation for
               detention without physical examination and background
               information, including analytical worksheets and labels with
               cooking instructions, should be forwarded to DIOP, HFC-170.
               DIOP will coordinate with CFSAN for concurrence.



               For questions or issues concerning science, science policy,
               sample collection, analysis, preparation, or analytical
               methodology, contact the Division of Field Science at
               (301)827-7605.

PRIORITIZATION
GUIDANCE:      I

FOI:           No purging is required.

PREPARED BY:        ***Linda Wisniowski, DIOP, 301-443-6553

DATE LOADED
INTO FIARS:         April 4, 2003

            ATTACHMENT TO IMPORT ALERT #37-05 1/14/08

CANADA (CA)


Hygaard Fine Foods Ltd.            Little John Sub
208 Sioux Rd.                 37S[][]40
Sherwood Park                 11/3/03
Alberta T8A3X5
Canada
FEI #3001097272


Les Plats Du Chef, Inc.            Bacon, egg and cheese pastries
51 Rue Keesmark                    37S[][]01, 37S[][]30, 37S[][]40
Dollard-Des-Ormeaux,               4/4/03
Quebec, H9B 3J1, Canada
FEI #3003292406



                         FRANCE (FR)


Frial S.A.                         Egg Plant and Goat
Saint Martin Des Entrees           Cheese Sautee
BP 60090                      12Y[][]99
14401 Bayeux                       24K[][]01
France                             37B[][]99
FEI# 3003774310                    1/14/08






                           MEXICO  (MX)


Sigma Alimentos Congelados, S.A.
Av. Industrial Alimenticia 760     Cheese Corn Dobladita
Linares, Nuevo Laredo              37C[][]20
Mexico                        ***6/22/99
FEI #3000998734