REGULATORY ACTION GUIDANCE:
The following represents criteria for direct reference seizure to *the Office of General Counsel* through the Division of Enforcement (HFC-210) and for direct citation by District Offices:
If there is an average contamination exceeding 0.15% infested bristles. Average based on examination of minimum of six brushes per sample.
The tolerance for release of reconditioned lots is zero.
Article adulterated (when introduced into and while in interstate commerce) (while held for sale after introduction into interstate commerce) within the meaning of 21 U.S.C. 361(b), in that it consists in part of a filthy substance by reason of the presence thereon of nits.
NOTE: Only use direct reference citation authority 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 procedures issuances.
*Material between asterisks is new or revised.*
Revised: 10/1/80, 7/1/83, 9/1/86, 8/96, 5/2005