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:
The canned berries contain an average of 40 or more thrips per No. 2 can and 20% of the subs are materially infested.
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 substance by reason of the presence therein of thrips.
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.
1Winton & Winton "Structure and Composition of Foods," Volume II, 1935.
*Material between asterisks is new or revised*
Revised: 11/1/81, 3/95