VIA FEDERAL EXPRESS
Our Reference: 2925498
March 18, 2003
Mrs. America S. Lucero, President
Mary’s Malasadas, Inc.
236 Kalihi Street
Honolulu, HI 96819
WARNING LETTER
Dear Mrs. Lucero:
On October 7 and 10, 2002, we inspected your food manufacturing facility located at 236 Kalihi Street, Honolulu, HI 968 19. During the inspection, Investigator Melody M. Ragasa-Leong collected samples of your products "Mary’s Portuguese Sweet Rolls" and "Mary’s Portuguese Sweet Bread."
Our label review and sample analyses found the products to be misbranded under section 403(i)(2) of the Federal Food, Drug, and Cosmetic Act (the Act) because they contain color additives subject to certification that are not declared in the ingredient statement as required by 21 CFR 101.22(k)(1). Analyses revealed the presence of undeclared Sunset Yellow and Allura Red. These colors must be individually declared by their common or usual names, FD&C Yellow No. 6 and FD&C Red No. 40 (these names may be abbreviated by omitting the term "FD&C" or the term "No.," e.g., Yellow 6 and Red 40).
The violation listed above is not meant to be an all-inclusive list of deficiencies. It is your responsibility to ensure that all of your products are manufactured and labeled in accordance with all applicable laws and regulations enforced by FDA.
We may take further action if you do not correct this violation, including seizure of your products and/or injunction of your operation.
In addition, after reviewing the labels submitted for Mary’s Portuguese Sweet Rolls, Mary’s Portuguese Sweet Bread, and Mary’s Banana Walnut Cake, we noted the following:
Please respond in writing within fifteen (15) working days of receipt of this letter. Your response should outline the specific things you are doing to correct the violation listed above and any actions you are taking in response to our other comments. If you cannot complete all corrections before responding, we expect you will explain the reason for any delay and the time period within which the corrections will be completed.
Your response should be directed to Paul A. Peterson, Compliance Officer, Food and Drug Administration, 1431 Harbor Bay Parkway, Alameda, CA 94502. If you have any questions regarding any issue in this letter, you may contact Mr. Peterson at (510) 337-6856.
Sincerely,
Dennis K. Linsley
District Director
San Francisco District
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