Skip page top navigation FDA Logo--links to FDA home
page Logo of and Link to start page of Office of Regulatory Affairs, 
U.S. Food and Drug Administration U.S. Food and Drug Administration Office of Regulatory Affairs HHS Logo and link to Department of Health and Human Services website

FDA Home Page | Federal-State | Import Program | Compliance | Inspection | Science | ORA Search

IA #22-01, 5/4/06,"DETENTION WITHOUT PHYSICAL EXAMINATION OF CANTALOUPES FROM
MEXICO" ATTACHMENT A 11/14/08 Attachment B 11/14/08

NOTE:  Revision to this import alert adds Attachment B and updates the
       information in the text. New information is designated by
       asterisks (***).

TYPE OF
ALERT:    Detention without Physical Examination (DWPE)

     (Note: This import alert represents the Agency's current guidance
     to FDA field personnel regarding the manufacturer(s) and/or
     products(s) at issue.  It does not create or confer any rights
     for or on any person, and does not operate to bind FDA or the
     public)

PRODUCT:  Cantaloupes, fresh, frozen and processed (This includes fresh
          cantaloupe sliced/chopped for salad bars.)

PRODUCT
CODE:     22A[]B01
          22A[]C01
          22A[]D01
          22A[]T01

PROBLEM:  Salmonella spp.

PAF:      MIC

PAC FOR
COLL:     03F098

COUNTRY:  MEXICO (MX)

MANUFACTURER/
SHIPPERS
FEI:      All

CHARGE:
          "The article is subject to refusal of admission pursuant to
          Section 801(a)(3) in that such article appears to contain
          Salmonella, a poisonous or deleterious substance which may
          render it injurious to health. [Adulteration, Section
          402(a)(1)]."

                              and

          "The article is subject to refusal of admission pursuant to
          Section 801(a)(3) in that it appears to have been prepared,
          packed, or held under insanitary conditions whereby it may
          have been rendered injurious to health [Adulteration, Section
          402(a)(4)]."

                              and

          "The article is subject to refusal of admission pursuant to
          Section 801(a)(1) in that it appears to have been prepared,
          packed, or held under insanitary conditions [Adulteration]"


OASIS CHARGE
CODE:     SALMONELLA
          INSANITARY
          MFR INSAN

RECOMMENDING
OFFICE:   CFSAN, Office of Field Programs, Imports Branch (HFS-606)

REASON FOR
ALERT:    During 2000, 2001, and 2002, there were four multi-state
          Salmonellosis outbreaks traced back to Mexican cantaloupes.
          The pathogen identified in three of the outbreaks was
          Salmonella Poona and in the other outbreak Salmonella Anatum.
          Reported cases per outbreak ranged from 35 to 50. There were
          two deaths in California associated with the 2001 outbreak.
          At least 18 people were hospitalized.  All outbreaks occurred
          between March and June. FDA's traceback investigations
          implicated Mexican cantaloupe from the states of Michoacan
          and Guerrero as the source of the four outbreaks. In 1999,
          2001, and 2002, FDA collected samples of Mexican cantaloupes
          for Salmonella analysis.  The salmonella-positive samples
          include nearly all the major cantaloupe producing states in
          Mexico including Sonora (7), Jalisco (1), Colima (1),
          Coahuila (1), Mexico (1), and Tamauilpas (1).  Positive
          samples cover both the fall/winter and spring/summer season.

          Salmonella lives in the intestinal tracts of humans and other
          animals.  Thus, the organism may be transmitted to humans by
          eating foods contaminated with fecal material from humans or
          other animals.  Random events in nature, such as animal
          defecating on a cantaloupe growing in the field, may cause
          the product to become contaminated with Salmonella and,
          subsequently, result in illness. However, FDA believes that
          it is extremely unlikely that there would be repeated multi-
          state outbreaks of salmonellosis, attributable to a specific
          species of Salmonella with indistinguishable pulse field gel
          electrophoresis (PFGE) patterns if contamination was derived
          from random events in nature.

          Moreover, in the outbreaks of 2000, 2001, and 2002, the
          illnesses were spread over a wide geographical area in the
          U.S., as well as in Canada, and occurred over a 4 to 6 week
          period.  These two facts also suggest that more than one
          shipment was the cause and make it extremely unlikely that a
          random natural event or events caused the contamination.

          FDA believes that the source of Salmonella contamination is
          most likely attributable to a broader source of
          contamination. Sources of contamination may include
          irrigation of fields with water contaminated with sewage,
          processing ("cleaning and cooling")produce with Salmonella
          contaminated water, and/or poor hygienic practices of workers
          that harvest and process the produce, pests in packing
          facilities, and lack of adequate cleaning and sanitizing of
          equipment that comes in contact with the product.

          Inspectional findings (conducted in response to the
          outbreaks) at a number of cantaloupe growing areas and
          packing sheds in Mexico reveal that Mexican cantaloupe are
          indeed manufactured, processed, or packed under gross
          insanitary conditions.  Further, these inspections underscore
          the lack of an overall environmental sanitation program, as
          well as apparent lack of regulatory authority in Mexican law
          to address the insanitary conditions that FDA believes lead
          to Salmonella contamination.  In addition, practices that
          result in product from different states being commingled
          means that any shipment of cantaloupe may contain fruit from
          states that have been the source of contaminated cantaloupe.

          FDA believes that cantaloupe imported from Mexico appear to
          be adulterated under Section 801(a)(3) of the Act because
          they appear (1) to contain Salmonella, an added poisonous or
          deleterious substance that may render food injurious to
          health within the meaning of section 402(a)(1) of the Act
          and (2) to have been prepared, packed, or held under
          insanitary conditions whereby they may have been rendered
          injurious to health within the meaning of Section 402(a)(4)
          of the Act.  In addition, the cantaloupe violate
          section 801(a)(1) of the Act in that they appear to have been
          manufactured, processed, or packed under insanitary
          conditions.

          This alert covers both whole cantaloupe and sliced, chopped,
          or diced cantaloupe.  The processing associated with
          producing fresh versus intact produce increases the
          opportunity for contamination and the chance of cross
          contamination over an even larger volume of product.

          Furthermore, processes such as cutting, dicing, and slicing,
          increase the surface area available for contamination and
          growth of microorganisms.  Nutrients to support microbial
          growth (i.e., from plant juices and exposed flesh) are also
          more available.  Concerns about pathogens are further
          amplified when the characteristics of the particular fruit or
          vegetable (e.g. pH) can support their growth. This is the
          case with many vegetables, certain soft fruit, and melons,
          including cantaloupe.

GUIDANCE: Districts may detain, without physical examination, all raw
          fresh and raw fresh refrigerated cantaloupes, frozen and
          processed cantaloupe, including fresh cantaloupe
          sliced/chopper for salad bars offered for importation from
          the country of Mexico.

          If a firm, grower, processor, packer, or importer believes
          that their product should not be recommended for detention
          under this import alert, they should forward information
          supporting their position to FDA at the following address:

                    Food and Drug Administration
                    Center for Food Safety and Applied Nutrition
                    Office of Compliance/Imports Branch (HFS-606)
                    5100 Paint Branch Parkway
                    College Park, MD 20740

          In order to assess the adequacy of the firm's agricultural,
          processing, and transportation practices, FDA personnel
          should review information submitted describing the firm's
          practices in the following areas:

               *    Water quality in irrigation, packing, and cooling;
               *    Manure use and biosolids, animal management;
               *    Worker health and hygiene;
               *    Sanitary facilities in field and packing house,
                    disposal of sewage and Silage;
               *    Maintenance program for cleaning, sanitizing
                    equipment;
               *    Field and packing facility sanitation;
               *    Transportation;
               *    If applicable, steps taken to identify and correct
                    insanitary conditions which are indicated by
                    positive analytical results for Salmonella in the
                    firm's product, or as a result of an
                    epidemiological traceback investigation.

          Further details and examples of the types of information that
          can be submitted can be found in FDA's draft Good
          Agricultural Practices (FR 63 FR 18029, April 13, 1998).

          After reviewing these submissions, FDA, either solely or in
          conjunction with the relevant Mexican regulatory authority,
          may conduct a limited number of on-site inspections of the
          growing/processing areas to audit the validity of the
          information submitted to FDA.  FDA intends to give priority
          in scheduling these inspections to firms or growers who
          provide certification from an independent institution or
          third party that has expertise in agricultural and
          transportation processes.

     *** On October 26, 2005, the Food and Drug Administration(FDA)
         and the Mexican Servicio Nacional de Sanidad Inocuidad y
         Calidad Agroalimentaria (SENASICA) signed a Memorandum of
          Understanding dealing with Mexican cantaloupe to be imported
          to the United States. Under the terms of the MOU, SENASICA
          would identify cantaloupe firms as being in compliance with
          their Good Agriculture Practices (Lineamientos). This
          document is similar to FDA's GAPs and will be used by
          SENASICA to determine if a firm is growing and harvesting
          cantaloupes under sanitary conditions and can be deemed a
          Category 3 firm as described in the MOU. Category 3 firms
          will be listed in Attachment B of this import alert.

         The purpose of Attachment B is to alert the field to the
         names of the Category 3 firms certified by SENASICA for
         which the FDA has agreed to allow to ship. The Category 3
         firms named in Attachment B will be required to make five
         entries and show laboratory results that are negative for
         Salmonella as described in the MOU. Once they have five
         Shipments shown to be free of Salmonella, the districts
         should submit a request to DIOP to have the firms moved to
         Attachment A of Import Alert 22-01, which exempt the firms
         from DWPE.***


          Questions may be directed to CFSAN, Office of Field
          Programs/Imports Branch (HFS-606) at (301) 436-2413.

          NOTE: Since the article is subject to Refusal of Admission
          per Section 801(a)(1) of the Act, FDA considers submission of
          analytical results indicating the absence of Salmonella to be
          insufficient to overcome the appearance of the product having
          been prepared, packed, or held under insanitary conditions.
          In addition, the appearance of a violation per Section 801
          (a)(1) of the Act precludes reconditioning under Section
          801(b) of the Act.

PRIORITIZATION
GUIDANCE: I

FOI:      No purging required

KEYWORDS: Salmonella, pathogens, illness, produce, microbial
          contamination

PREPARED
BY:       Ted Poplawski and ***Linda Wisniowski, DIOP (301) 443-6553

DATE LOADED
INTO FIARS: May 4, 2006



ATTACHMENT A  FIRMS THAT ARE EXEMPT FROM DETENTION WITHOUT PHYSICAL
              EXAMINATION          11/14/08

Firm Name and Address:                            Product/Codes:

AG Mart Produce S. de R.L. de C.V.                Cantaloupes
Blvd. G. Lopez No. 185, int. 205-A                22A[]B01, 22A[]C01,
Guaymas, Sonora, Mexico                           22A[]D01, 22A[]T01
FEI: 3003198593                                   3/20/06
               Moved from Attachment B to Attachment A   5/24/06



Agropecuaria Malichita S.A. de C.V.               Cantaloupes
Malecon Malpica 189                     22A[]B01, 22A[]C01
Guaymas, Sonora                              22A[]D01, 22A[]T01
Mexico                                  6/27/07
FEI# 3001133295
               Moved from Attachment B placed on Attachment A 12/12/07



Agroproductos San Rafael SA de CV            Cantaloupes
Km. 92 Carreterra International              22A[]B01, 22A[]C01,
Cd. Obregon-Guaymas                     22A[]D01, 22A[]T01
Guaymas, Sonora, Mexico                      6/20/2007
FEI# 3004347745
               Moved from Attachment B to Attachment A 8/24/07



Felipe de Jesus Michel Ruiz                       Cantaloupes
5 de Mayo 234-2                                   22A[]B01, 22A[]C01,
Colima, Mexico 28000                              22A[]D01, 22A[]T01
FEI #3001618872                                   06/21/06
               Moved from Attachment B to Attachment A 4/27/07



Giadela SPR de RL                       Cantaloupes
Cuernavaca #23 Col. San Benito          22A[]B01, 22A[]C01
Hermosillo                              22A[]D01, 22A[]T01
Sonora 83190 Mexico                3/12/08
FEI# 3004260703
                                   Moved from Attachment B and
                                   Placed on Attachment A
                                   6/27/08










Guadalupe De Guaymas, S.P.R De R.L           Cantaloupes
Serdan No. 196-1 Centro Guaymas              22A[]B01, 22A[]C01
Guaymas, Sonora                              22A[]D01, 22A[]T01
Mexico                                  5/3/07
FEI# 3000976900

                                   Moved from Attachment A and placed
                                   on Attachment B 5/27/08

                                   Moved from Attachment B and placed
                                   on Attachment A 11/14/08




** Orval Kent de Linares SA de CV                 Cantaloupes
aka Chef Solutions                           22A[]D01, 22A[]T01
Ave. Dr. Garcia Rodriguez Ote. 204                4/12/03
Linares, Mexico
FEI #1000253286

Note:     This applies only to processed cantaloupe from a Mexican
     grower already exempt from DWPE or cantaloupe purchased or
     grown in the United States.



Vinedos Alta, S.A. de C.V.              Cantaloupes
Carretera a Kino, Km 7.5                22A-B01, 22A-C01
Hermosillo, Sonora                      22A-D01, 22A-T01
Mexico                             5/3/07
FEI# 3000299941
                    Moved from Attachment B to Attachment A 5/25/07




ATTACHMENT B   CATEGORY 3 FIRMS CERTIFIED BY SENSICA TO BE IN COMPLIANCE
               WITH GOOD AGRICULTURE PRACTICE AND FOR WHICH FDA HAS
               AGREED TO ALLOW TO SHIP       11/14/08

Firm Name and Address:                       Product/Codes:



AG Mart S.A. de R.L. de C.V.             Cantaloupes
Jose Antonio Torres 178-B               22A-B01, 22A-C01
Col. Centro                             22A-D01, 22A-T01
Tecoman, Colima                    5/3/07
Mexico
FEI# 3005652838

Jorge Patricio Padilla Quezada (Rancho La Borrada)     Cantaloupes
Jose Lopez Portillo 2205                     22A[]B01, 22A[]C01,
Col. Venticinco de Novembres                      22A[]D01, 22A[]T01
Guadalupe, Nuevo Leon, Mexico                     4/11/07
FEI# 3004699168


Productores Agricolas, Ganaderos             Cantaloupes
y Forestales "El Herradero"                  22A[]B01
S.A. de C.V.                                    22A[]C01
Miguel Hidalgo Ote. No.14 - Altos.              22A[]D01
Vicente Riva Palacios                        22A[]T01
Michoacan, Mexico C.P. 61980                 8/25/06
FEI# 3004337128



Vinedos Costa S. de R.I. de C.V.        Cantaloupes
Calle 28 Norte, Km. 13                  22A[]B01, 22A[]C01
Miguel Aleman, C.P. 83205               22A[]D01, 22A[]T01
Hermosillo, Sonora                 9/17/08
Mexico
FEI# 3004021193