Updated: 2005-11-29
Sec. 550.700 Dried Prunes, Dehydrated Low Moisture Prunes, and Pitted Prunes
- Adulteration Involving Insects; Decomposition; Dirt; Pits, and Pit Fragments
(CPG 7110.27)
REGULATORY ACTION GUIDANCE:
The following represents the criteria for direct reference seizure to Division
of Compliance Management and Operations (HFC-210) and for direct citation by
the District Offices:
NOTE: Examine a minimum of ten subsamples.
- Dried and Dehydrated Low Moisture Prunes - The average of the subsamples
is 5 percent or more by count insect infested, moldy or decomposed, dirty
and/or otherwise unfit prunes.
- Pitted Prunes - Examination of a minimum of 50 prunes from each of 10
subs from each code, or from the lot if no codes are present, by microanalytical
manual method M13K3 shows the following:
An average of 2% or more by count of
prunes with whole pits and/or pit fragments 2mm or longer;
and
Four or more of the 10 subs examined contain 2% or more prunes by count
with whole pits and/or pit fragments 2 mm or longer.
REMARKS:
Seizures of these products must be discussed with U.S.D.A. *E-mail* or FAX
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:
- Filth adulteration - Article adulterated when introduced into and while
in interstate commerce, within the meaning of U.S.C. 342(a)(3) in that
it consists wholly or in part of a filthy substance by reason of presence
therein of insects,
insect webbing, insect excreta, insect damaged prunes and dirt; and of
a decomposed substance by reason of presence therein of moldy, decomposed
prunes.
- Pitted Prunes - Article adulterated when introduced into and while in
interstate commerce, within the meaning of U.S.C. 342(b)(2) in that prunes
with pits and/or
pit fragments have been substituted wholly or in part for pitted prunes.
Article misbranded when introduced into and while in interstate commerce,
within meaning of *21 U.S.C. 343(a)(1)* in that label statement "Pitted
Prunes" is false and misleading as applied to a product containing prunes
with pit fragments.
Issued: 10/1/80
Revised: 3/95, 5/2005