Sec. 578.200 Corn Meal - Adulteration by Insect and Rodent Filth (CPG 7104.02)
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. Insects - The corn meal contains an average of 1 or more whole insects or equivalent/50 gms. (0.5 or more whole insects or equivalent/25 gms.);
or
2. Insect fragments - The corn meal contains an average of 25 or more insect fragments/25 gms.;
or
3. Rodent hair - The corn meal contains an average of 1 or more rodent hairs/25 gms.;
or
4. Rodent excreta - The corn meal contains an average of 1 or more rodent excreta
fragments/50 gms.
SPECIMEN CHARGE:
*The article was adulterated (when introduced into) (while in) (while held for sale
after shipment in) interstate commerce within meaning of 21 U.S.C. 342(a)(3), in that it
consists in part of a filthy substance by reason of the presence therein of insects,
insect fragments, rodent hairs, and rodent excreta fragments, as applicable.
NOTES:
1. 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"
2. 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 charge only that the article "is adulterated while held for sale after
shipment in interstate commerce."*
*Material between asterisks is new or revised.*
Issued: 10/11/79
Revised: 10/1/80, 6/6/88