REGULATORY ACTION GUIDANCE:
The following represents the criteria for direct reference seizure to the Division of Compliance Management and Operations (HFC-210) and for direct citation by the District Offices:
The potato chips contain an average of six percent or more rot by weight.
*The article was adulterated when introduced into and while in interstate commerce, and is adulterated while held for sale after shipment in interstate commerce within the meaning of said Act 21 U.S.C. 342(a)(3) in that it consists in part of a decomposed substance by reason of the presence therein of decomposed potato chips.
NOTE: Use direct reference citation authority only when prosecution is anticipated and evidence to support a prosecution is included with the adulteration charge. Evidence to support a prosecution is specified in existing regulatory procedure issuances.*
*Material between asterisks is new or revised.*
Issued: 11/ 7/79