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:
The average Howard Mold Count for six or more subsamples exceeds 15% or if the Howard Mold Count for any one subsample exceeds 50%.
Article adulterated (when introduced 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 decomposed substance by reason of the presence therein of moldy, decomposed cranberries.
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*
Revised: 11/1/81, 3/95