Updated: 2005-11-29
Sec. 550.600 Olives - Adulteration Involving Pits; Rot; Insect Infestation
(CPG 7110.19)
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:
- PITS
- Pitted Whole - (Examine a minimum of 500 olives from each code or from
the lot if no codes are present).
The average is 1.3 percent or more by count of olives with whole pits
and/or pit fragments 2 mm or longer measured in the longest dimension.
- Pitted Salad Olives, Including Broken Pitted, Halved, Quartered, Sliced
and Chipped or Minced - (Examine a minimum of 1,500 grams from each code
or from the lot if no codes are present).
The average is 1.3 or more fragments per 300 grams, including whole pits
and fragments 2 mm or longer measured in the longest dimension.
- INSECT INFESTATION
- Salt Cured Olives - (Examine a minimum of 6 subs from each code or
from the lot if no codes are present). The average is 10 percent or more
by count of olives with 10 or more scale insects each.
- Imported Black - Actionable if 10 percent or more by count show damage
by Dacusa (olive fruit fly).
- Imported Green - Actionable if 7 percent or more by count show damage
by Dacusa (olive fruit fly).
- Salad Type, Including Broken, Pitted, Halved, Quartered, Sliced, and
Chopped or Minced - (Actionable if 9 percent or more by weight of olives
show damage by Dacusa (Olive fruit fly)
aNOTE: "Damage by Dacus" means presence of any form or part
thereof of the olive fruit fly and/or maggot tunneling affecting an area
of 1/4 inch or greater average diameter.
- ROT
Salt Cured Olives - (Examine a minimum of 6 subs from each code or from the
lot if no codes are present).
The average is 25 percent or more by count of moldy olives.
Seizures of olives from domestic production must be discussed with the U.S.
Department of Agriculture. *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 CHARGES:
- PITS
Article adulterated when introduced into and while in interstate commerce,
within meaning of 21 U.S.C. 342(b)(2) in that olives containing pit fragments
have been substituted wholly or in part for pitted olives.
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
Olives" is false and misleading as applied to a product containing olives
with pit fragments.
- INSECT INFESTATION
Article adulterated when introduced into and while in
interstate commerce, within meaning of 21 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 or insect
damaged
olives.
- MOLD
Article adulterated when introduced into and while in interstate commerce,
within meaning of 21 U.S.C. 342(a)(3) in that it consists wholly or in
part of a decomposed substance by reason of presence therein of moldy, decomposed
olives.
*Material between asterisks is new or revised*
Issued: 10/1/80
Revised: 3/95, 5/2005