Updated: 2005-11-29
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:
REMARKS:
Seizures involving this product 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 |
Codes | Analytical Conclusions |
SPECIMEN CHARGE:
The article was misbranded when introduced into and while in interstate commerce,
and is misbranded while held for sale after shipment in interstate commerce within
the meaning of said Act 21 U.S.C. 343(h)(1), in that it purports to be and is
represented as canned tomatoes, a food for which a standard of quality has been
prescribed by regulation (21 CFR, 155.190) promulgated pursuant to 21 U.S.C. 341,
and its quality falls below such standard since section 155.190(b)(1) (iii) of such
standard provides that tomato peel per pound of canned tomatoes in the container
of standard quality canned tomatoes cover an area of not more than 1.06 square
inches, whereas, the article contains tomato peel per pound of canned tomatoes in
the container which covers an area of more than 1.06 square inches, and its label
fails to bear, in such manner and form as such regulations specify, a statement that
it falls below such standard.
*Material between asterisks is new or revised.*
Issued: 11/21/79
Reissued: 10/1/80
Revised: 12/8/88, 3/95, 5/2005