Updated: 2005-11-29
Sec. 570.350 Peanuts, Shelled and Unshelled - Adulteration with Filth and Reject
Nuts (CPG 7112.04)
REGULATORY ACTION GUIDANCE:
The following represents the criteria for direct reference seizure to the Division of
Compliance Management and Operations (HFC-210) and for direct citation by the
District Offices:
-
Unshelled Peanuts
The unshelled peanuts contain an average of 10% or more reject peanuts (insect
infested; moldy; rancid; otherwise decomposed; blanks, and shriveled) when
examined by Macroanalytical Procedures Manual 10.B.(4).
-
Shelled Peanuts
-
The peanut kernels average 5% or more reject kernels (insect infested, moldy,
rancid, otherwise decomposed, and dirty); when examined by Macroanalytical
Procedures Manual 10.B.(5)a.
-
The shelled peanuts contain an average of 20 or more whole insects or equivalent
per whole bag siftings (100 pound bag basis) when examined by Macroanalytical
Procedures Manual 10.B.(5)a.
REMARKS:
For live insects refer to Compliance Policy Guide because of reject nuts must be
discussed with the U.S. Department of Agriculture. Submit the following information
*by e-mail* or FAX 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
Code Analytical Conclusions
SPECIMEN CHARGE:
The article was adulterated when introduced into, while in, and is adulterated while
held for sale after shipment in interstate commerce within the meaning of said Act
21 U.S.C. 342(a)(3) since it consists in part of a filthy substance by reason of the
presence therein of insects; of a decomposed substance by reason of the presence
therein of moldy and decomposed peanuts; or in that it is otherwise unfit for food by
reason of the presence therein of shriveled nuts and empty shells.
NOTES:
-
If the evidence establishes that the article became adulterated after receipt in
interstate commerce, then charge only that the article “is adulterated while held for
sale after shipment in interstate commerce.”
-
If the evidence does not establish where the article became adulterated and the
violation is such that it could have occurred anywhere, i.e. it is not a manufacturing
defect, then also charge only that the article “is adulterated while held for sale after
shipment in interstate commerce.”
-
Use direct citation authority only 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: 11/7/79
Reissued: 10/1/80
Revised: 12/2/88, 3/95, 5/2005