Updated: 2005-11-29
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:
Brined and maraschino - Maggots
The cherries contain an average of 5% or more rejects due to maggots.
Fresh, canned or frozen
SPECIMEN CHARGE:
Article 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 (filthy) (decomposed) substance by reason of the presence therein of (maggots) (insects) (rotten/decomposed cherries).
NOTE: Only use direct reference 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 procedures issuances.
*Material between asterisks is new or revised*
Issued: 11/1/81
Revised: 3/95, 5/2005