Inspections, Compliance, Enforcement, and Criminal Investigations
Lubar Seafood Corp 04-Feb-02
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
Food and Drug Administration
556 Winderley Place
Maitland, Florida 32761
VIA FEDERAL EXPRESS
Re: Customs Entry No. WKV-0035441-0
February 4, 2002
Mauricio Rafael Barcia, President
Lubar Seafood Corp.
2665 S. Bayshore Drive
Miami, FL 33133
Dear Mr. Barcia:
The Food and Drug Administration (FDA) attempted to sample a shipment of Beltfish in
accordance with our notice of sampling dated, January 9,2002 under entry number WKV-
0035441-0 and found that the entire shipment was not available for FDA examination. Title 21 Code of Federal Regulations Section 1.90 requires the importer to hold an entry intact pending receipt of a "May Proceed Notice" or "Release Notice" from FDA. We have requested the U.S. Customs Service (Customs) to order redelivery of the unavailable portion of the entry.
Failure to promptly correct this violation and prevent future violations may result in regulatory action without further notice such as seizure, injunction, or detention without physical examination of further shipments. It is your responsibility, as the importer, to ensure that imported products meet all the requirements of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated thereunder.
We request a response in writing within fifteen (15) working days of receipt of this letter
outlining the specific steps you have taken to prevent the recurrence of the violation. In the event that the product is still available for examination, you should inform Customs and FDA if and when redelivery is accomplished.
Your written reply should be addressed to the Food and Drug Administration, Attention:
Christine M. Humphrey, Compliance Officer, 6601 NW 25* Street, P.O. Box 59-2256, Miami, Florida 33 159-2256.
Emma R. Singleton
Director, Florida District