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IA #99-31, 10/10/2008, IMPORT ALERT #99-31, "DETENTION WITHOUT PHYSICAL
EXAMINATION OF FOOD PRODUCTS DUE TO THE PRESENCE OF MELAMINE AND/OR MELAMINE
ANALOGS" ATTACHMENT 12/23/08

TYPE OF ALERT: Detention Without Physical Examination

(Note:    This import alert represents the Agency's current guidance to FDA
          field personnel regarding the manufacturer (s) and/or products at
          issue. It does not create or confer any rights for or on any
          person, and does not operate to bind FDA or the public).

PRODUCTS/
PRODUCT
CODE:          See Attachment

PROBLEM:  Unsafe Food Additive
          Poisonous or Deleterious Substance
          Unfit for food

PAF:      PES

MANUFACTURER/
SHIPPER:  See Attachment

CHARGES:  "The article is subject to refusal of admission pursuant to
          Section 801(a)(3) in that it appears to bear or contain a food
          additive, namely melamine and/or a melamine analog, that is unsafe
          within the meaning of section 409 [Adulteration, section
          402(a)(2)(C)(i)]"
          OASIS CHARGE CODE: MELAMINE

                    and/or

          "The article is subject to refusal of admission pursuant to
          section 801(a)(3) in that it appears to bear or contain a
          poisonous or deleterious substance, which may render it injurious
          to health [Adulteration, section 402(a)(1)]"
          OASIS CHARGE CODE: POISONOUS

                    and/or

          "The article is subject to refusal of admission pursuant to
          section 801(a)(3) in that it appears to be unfit for food
          [Adulteration, 402(a)(3)]"
          OASIS CHARGE CODE: UNFIT4FOOD


RECOMMENDING
OFFICE:   Center for Food Safety and Applied Nutrition (CFSAN), HFS-607

REASON FOR
ALERT:         In September 2008, FDA became aware of thousands of infant
               illnesses in China associated with the consumption of infant
               formula suspected of containing melamine.  As recently as
               October 1, 2008, reports indicated there have been over
               53,000 illnesses, nearly 13,000 hospitalizations, 100
               seriously ill cases and at least four infant deaths in
               China.

          As a result, the U.S. and other countries have been sampling and
          testing infant formula, milk-derived ingredients, and finished
          food products containing milk.  Information received from a number
          of sources, and from a number of different countries, indicates a
          wide range and variety of products, such as candies, desserts, and
          beverages, have been found to be contaminated with melamine.

          To date, FDA testing has found melamine contamination in multiple
          products imported from China.  FDA is continuing its testing of a
          variety of products for melamine and its analogs.


          Melamine is a compound used primarily in commercial and industrial
          applications.  There is no approved melamine use in direct
          addition to human or animal food in the U.S.

GUIDANCE: Districts may detain without physical examination the identified
          products offered for importation from the manufacturers and/or
          shippers listed on the attachment to this import alert.

          Appropriate screening criteria have been set.

          For questions or issues concerning science, science policy, sample
          collection, analysis, preparation, or analytical methodology,
          contact Mr. Thomas Savage, Division of Field Science, at 301-827-
          1026.

          In order to secure release of an individual shipment subject to
          this Import Alert, the importer should provide the results of a
          third-party laboratory analysis of a representative sample of the
          lot verifying that the product does not contain melamine or
          melamine analogs.  Third-party laboratories may use any methods
          that are found acceptable to FDA, see:
          http://www.cfsan.fda.gov/~comm/labmeth.html#melamine

          In order to remove a firm from detention without physical
          examination, information should be provided to FDA to adequately
          demonstrate that the manufacturer has resolved the conditions that
          gave rise to the appearance of the violation, so that the agency
          will have confidence that future entries will be in compliance.

          Requests for removal from DWPE should be directed to FDA's
          Division of Import Operations and Policy at:

               Food and Drug Administration
               Division of Import Operations and Policy (HFC-170)
               5600 Fishers Lane, Room 12-36
               Rockville, MD 20857

PREPARED
BY:       CFSAN, HFS-606, Salvatore Evola at (301) 436-2164
          DIOP, HFC-170, Stella Notzon at (301) 443-6553

LOADED
INTO FIARS:    October 10, 2008



     ATTACHMENT TO IMPORT ALERT #99-31            12/23/2008


Firm:                                        Product/Product Code/Charge:

Guan Sheng Yuan Food, Ltd.,                  Taffy candy -  "White Rabbit"
AKA: Shanghai Quan Sheng Yuan Food, Ltd.          33H[][][][], 33J[][][][],
220 Can Bao Road                             33G[][][][], 33K[][][][],
Shanghai, China                              33L[][][][], 33S[][][][],
FEI# 3003619135                              33Y[][][][]
                                        CHARGE:  402(a)(2)(c)(i)
                                        10/10/08

Shanghai Guan Sheng Yuan                Taffy candy -  "White Rabbit"
International Trade Co. Ltd.                 33H[][][][], 33J[][][][],
No. 1418 Xinzha Road                         33G[][][][], 33K[][][][],
Shanghai, China                              33L[][][][], 33S[][][][],
FEI# 3003625317                              33Y[][][][]
                                        CHARGE:  402(a)(2)(c)(i)
                                        10/10/08

Kun Bo (kun Po) Foodstuff I/E Co., Ltd.      Milk based flavored drink
Zhongshan City, China                        - "Blue Cat"
FEI# 3004275116                              09[][][][][], 29A[][][]70,
                                        29B[][][]70, 29A[][][]99,
                                        29B[][][]99
                                        CHARGE:  402(a)(2)(c)(i)
                                        10/10/08

Inner Mongolia Yili Dairy Products           Yeast flavored milk drink
   Drink-Co. Ltd.                             -  Yili Brand
8 Jinshan Road, Jinshan Development               09[][][][][], 29A[][][]70
Hohhot, China                           29B[][][]70, 29A[][][]99,
FEI# 3004920511                              29B[][][]99
                                        CHARGE:  402(a)(2)(c)(i)
                                        10/10/08

Zhongshan Lebang Chocolate Food Co., Ltd          All chocolate products
Torch High-tech Industrial Development       34----
Zhongshan, China                             CHARGE: 402(a)(1)
FEI# 3005152461                              10/23/08

                                        Update charge
                                        12/3/08

Zhongshan Lebang C                      All chocolate products
Torch Hi-Tech Deve                      34----
Guangdong, China                             CHARGE: 402(a)(1)
FEI#3005458486                          10/23/08

                                        Update charge
                                        12/3/08





Zhongshan Lebang Chocolate Product           All chocolate products
Yixian Industrial Zone                       34----
Torch, China                            CHARGE: 402(a)(1)
FEI# 3007155450                              10/23/08

                                        Update charge
                                        12/3/08


Zhongshan Lebang Chocolate Food Co                All chocolate products
Yat-Sen Ind Dist,Zhangjiabian Torch               34----
Hi-Tech Area,Zhongshan,  China               CHARGE: 402(a)(1)
FEI# 3006328525                              10/23/08

                                        Charge update
                                        12/3/08

Lebang Food Co Ltd                      All chocolate products
Area                                    34----
Zhongshan, China                             CHARGE: 402(a)(1)
FEI# 3006476004                              10/23/08

                                        Charge update
                                        12/3/08

Major Distributor of Chocolates from Zhongshan Lebang:

Boxer Games                                  All chocolate products
63 Norwood Ave                          from Zhongshan Lebang
West Yorkshire, GB                      34----
FEI# 3006085942                              CHARGE: 402(a)(1)
                                        10/23/08

                                        Charge Update
                                        12/3/08

Weifang Gourmet Art and Craft Co., Ltd.      Hot Chocolate Mix
Qimei Street New-high Technology Dev. Zone   34[][][][]
Weifang, China Cn-37 261061                  35[][][][]
FEI# 2000041143                              CHARGE: 402(a)(2)(C)(i) &
                                        402(a)(1)
                                        11/18/2008

                                        Update Charge
                                        12/3/08
Shipper:

Weifang Gourmet Art and Craft Co., Ltd.      Hot Chocolate Mix
No 598 Lanxiang Street                       34[][][][]
Kuiwen District, Weifang                35[][][][]
Shandong, P.R. China                         CHARGE: 402(a)(2)(C)(i) &
FEI# 3007178539                              402(a)(1)
                                        11/18/2008

                                        Update Charge
                                        12/3/08



KING CAR FOOD INDUSTRY CO., LTD.        INSTANT COFFEES
NO. 230 ROOSEVELT ROAD, SEC #3          31[][][][]
TAIPEI, TAIWAN
Headquarters (office)                   CHARGE: 402(a)(2)(C)(i)
FEI# 3004816349                              & 402(a)(1)
                                   12/1/2008
                                   (Updated 12/23/2008)

KING CAR FOOD INDUSTRY CO., LTD.        INSTANT COFFEES
Ping-Chen Plant                         31[][][][]
527, Chung-Hsing Road,
Ping Chen City, Taoyuan, Taiwan 324          CHARGE: 402(a)(2)(C)(i)
FEI# 3004260618                              & 402(a)(1)
                                   12/1/2008
                                   (Updated 12/23/2008)




Candy Manufacturer Inc.                      Cocoa Powder
Unit 103, No17, QiaoXing North Road
Xinhui District, JiangMen                    34[][][][]
CN-44, China                            35[][][][]
FEI# 3006280353                              CHARGE: 402(a)(2)(C)(i)
                                        12/1/2008

Candy Manufacturer Inc.                      Cocoa Powder
H.K Office: Room A, 1st. Floor, 111 Pak      34[][][][]
Kowloon, China                          35[][][][]
FEI#: 3005926157                             CHARGE: 402(a)(2)(C)(i)
                                        12/1/2008