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Updated: 2005-11-29

Sec. 527.100 Butter - Adulteration Involving Insufficient Fat Content (CPG 7106.05)

REGULATORY ACTION GUIDANCE:

The following represents criteria for direct reference seizure to the *Division of Compliance Management and Operations (HFC-210)* and for direct citation by District Offices:

  1. The average of the fat determinations, by both original and check analysis, on the number of subdivisions shown in the following table is below 79.85%;

    or
  2. The number of individual fat determinations by both original and check analysis meets or exceeds the figures in the right hand column of the following table:

 

Lot Sizes

No. Subs Examined

No. Determinations Below 79.85%

Print Butter

Each Churn Mark Present

35cs or less

5

2

Over 35cs

8

3

No Churn Mark Present

35 cs or less

12

4

Over 35cs

20

7

Bulk Butter (Tub or Cube)

Each Churn Mark Present

1 - 2 units

All

1

3 units

2

1

Over 3 units

3

1

No Churn Mark Present

1 - 5 units

All

1

6 - 14

5

2

15 - 24 units

7

3

25 - 150 units

8

3

Over 150 units

14

4

*REMARKS: (For Seizures Only)

If there is reason to believe that a lot was packed under the supervision of, or certified by the U.S. Department of Agriculture, submit the following information *by e-mail* to CFSAN, Office of *Compliance*/Division of Enforcement (HFS-605) and await reply before proceeding:

Sample Number Date of Shipment
Article Involved Dealer
Amount of Lot Shipper
Codes Analytical Conclusions

SPECIMEN CHARGE:

Article adulterated when introduced into and while in interstate commerce, within the meaning of 21 U.S.C. 342(b)(2) [Sec. 402(b)(2) of the Food, Drug, and Cosmetic Act], in that a product containing less than 80% by weight of milk fat has been substituted for butter, a product which should contain not less than 80% of milk fat as provided by the Act of March 4, 1923 (21 U.S.C. 321a).

*Material between asterisks is new or revised.*

Issued: 10/1/80
Revised: 8/96, 5/2005