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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

M & N Food Products, Inc. 06-Mar-02

DEPARTMENT OF HEALTH AND HUMAN SERVICE

New Orleans District

Southeast Region

6600 Plaza Drive, Suite 400

New Orleans, Louisiana 70127

Telephone: 504-253-4519

FAX: 504-253-4520

March 6, 2002

FEDERAL EXPRESS

OVERDRAFT DELIVERY

Warning letter 2002-NOL-24

Mr. Salvatore J. Impastato, Owner

M & N Food Products, Inc.

d.b.a. Sal & Judy?s Products

28389 Highway 190

Lacombe, Louisiana 70514

Dear Mr. Impastato:

On August 22, 2001, an investigator of the U.S. Food and Drug Administration (FDA) collected a sample of Sal & Judy? s Original Recipe/Famous Tomato Sauce from your facility, located at 28389 Highway 190, Lacombe, Louisiana. This sample of your tomato sauce was assayed for Vitamin C content, per Association of Official Analytical Chemist (AOAC), 17th Edition, Official Method 45.1.15 (967.22), by the FDA Southeast Regional Laboratory. This product was found to contain less than the percentage of Vitamin C declared on its finished-product label. For this reason, your tomato sauce product is misbranded within the meaning of Section 403(a)(l) of the Federal Food, Drug, and Cosmetic Act (the Act).

The above violation is not meant to be an all-inclusive listing of deficiencies on your labels. Other label violations can subject your food products to legal action. It is your responsibility to assure that all of your products are labeled in compliance with all applicable statutes enforced by FDA. It is also your responsibility to assure the current objectionable conditions are corrected and appropriate policies and procedures are implemented to prevent recurrence of the problems. Failure to make corrections could result in regulatory action without further notice. Possible actions include seizure and/or injunction.

You must notify this office in writing, within 30 working days of receipt of this letter, of the specific steps you have taken to correct the noted violations, including an explanation of each step taken to prevent the recurrence of similar violations. If corrective action cannot be completed within 30 working days, please state the reason for the delay and the time by which corrections will be completed. Once corrective actions have been taken, forward to this office documentation necessary to verify corrections have been achieved.

Your reply should be directed to the U.S. Food and Drug Administration, Attention: Nicole F. Hardin, Compliance Officer, at the above address. If you have questions concerning the contents of this letter, you may contact Ms. Hardin at (504) 253-4519.

Sincerely,

Carl E. Draper

District Director

New Orleans District