Updated: 2005-11-29
Sec. 550.155 Apricot, Peach and Pear Nectars and Apricot, Peach and Pear Purees
- Adulteration with Mold (CPG 7110.31)
REGULATORY ACTION GUIDANCE:
- Apricot, Peach and Pear Nectars
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:
If the average Howard mold count for six or more subsamples
is 12% or above.
- Apricot, Peach and Pear Purees
The following represents criteria for recommending
legal action to CFSAN/Office of *Compliance*/Division of Enforcement (HFS-605):
If
the average Howard mold count for six or more subsamples of purees is 12%
or above.
REMARKS:
After mixing nectar or puree well, make mold count according to the procedure
specified in 44.096 AOAC, 13th edition, that begins "Clean Howard cell
..."
After September 16, 1983, prepared nectar and puree samples according to the
AOAC Official First Action method for Howard mold count of Fruit Nectars, Purees,
and Pastes.
Seizures involving these products must be discussed with the U.S. Department
of Agriculture because some lots may have been graded by them. Submit the following
information 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 (apricot/peach/pear nectar) (apricot/peach/pear puree) adulterated
(when introduced into and while in interstate commerce) (while held for sale
after introduction into interstate commerce), within the meaning of 21 U.S.C.
342(a)(3), in that it consists in part of a decomposed substance by reason
of presence therein of (moldy/decomposed apricot/peach/pear material) (mold).
NOTES:
- Samples of nectars and infant food purees (apricot, peach, pear) collected
during the FY 1977 Retail Market Survey contained such low levels of insect
and rodent filth that an action level is not established for such filth.
However, since this indicates that significant amounts of insect and rodent
filth are
avoidable, the absence of an action level does not preclude recommending
legal action to CFSAN/Office of *Compliance*/Division of Enforcement (HFS-605)
based
on findings of relatively low levels of insect and/or rodent filth in either
infant or adult foods.
- Only use direct citation authority when prosecution is anticipated and
evidence to support a prosecution is included with the adulteration charge.
Evidence necessary to support a prosecution is specified in existing regulatory
issuances.
*Material between asterisks is new or revised*
Issued: 4/1/83
Revised: 3/95, 5/2005