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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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CPG Sec. 550.225 Cherries Brined, Fresh, Canned and Frozen - Adulteration Involving Rot and Insect

 

 

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:

Brined and maraschino - Maggots

The cherries contain an average of 5% or more rejects due to maggots.

Fresh, canned or frozen

  1. Rot: The cherries contain an average of 7% or more rejects due to rot.

    or
  2. Insects other than maggots: The cherries contain an average of 4% or more rejects due to insects other than maggots.

SPECIMEN CHARGE:

Article adulterated (when introduced into and while in interstate commerce) (while held for sale after introduction into interstate commerce), within the meaning of *21 U.S.C. 342(a)(3),* in that it consists in part of a (filthy) (decomposed) substance by reason of the presence therein of (maggots) (insects) (rotten/decomposed cherries).

NOTE: Only use direct reference citation authority 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: 11/1/81
Revised: 3/95, 5/2005

Updated:  11/29/05