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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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CPG Sec. 578.400 Treated Grain Seed - Mercury Residue

  

REGULATORY ACTION GUIDANCE:

The following represents criteria for direct reference seizure to Division of Compliance Management and Operations (HFC-210) and for direct citation by district offices:

The wheat contains an average of 10 or more pink kernels per 500 grams, and the mercury residue on the pink kernels exceeds one part per million.

SPECIMEN CHARGE:

Article adulterated when introduced into and while in interstate commerce, within meaning of 21 U.S.C. 342(a)(2)(B), in that it is a raw agricultural commodity and contains a pesticide chemical, namely, a mercurial compound, which is unsafe within meaning of 21 U.S.C. 346a(a), since no tolerance and no exemption from the requirement of a tolerance for such pesticide chemical on wheat has been prescribed by regulations promulgated pursuant to 21 U.S.C. 346a(b).

Issued: 10/1/80