Sample Collection and Analysis of Imported Frozen Seafood for Economically Motivated Adulteration: Year 2022-24
As part of FDA’s continued effort to combat economically motivated adulteration, the Food and Drug Administration (FDA) conducted an assignment from 2022 to 2024 to collect and test imported frozen raw and cooked seafood products for short weighting (i.e., product is offered for sale containing less than the declared net weight on the package). Short weighting in frozen seafood can occur if the net weight of the frozen seafood includes unacceptable weight of the water glaze, or ice.
It is common industry practice to add water glaze to frozen seafood products to help protect them from freezer burn while in extended storage. The longer the product may be frozen, the thicker the typical glaze may be. However, overstating the net weight of frozen seafood by including the weight of glazing (ice) is not permitted (see FDA’s Guidance for Industry: 1991 Letter to Seafood Manufacturers Regarding the Fraudulent Practice of Including Glaze (ice) as Part of the Weight of Frozen Seafood). Overstating the net quantity of contents (such as including the weight of ice glaze) is a type of food fraud, where consumers are cheated by providing misleading information about the value of the packaged seafood based on weight.
The purpose of the 2022-2024 assignment was to identify imported packaged frozen seafood products that were violative for short weighting (e.g., they included the ice glaze as part of the net weight declared on the product label) and prevent any adulterated or misbranded products from being distributed in U.S. commerce. This assignment identified that 36% of the samples (10 out of 28) were violative for short weighting.
Methodology
The agency collected and tested 28 samples of packaged frozen seafood products (i.e., in retail packages) to determine whether they met the net weight declared on the product label. The 28 samples (25 shrimp, 2 squid, and 1 tilapia) included both targeted samples based on complaints received by FDA and general surveillance samples. The samples were imported from 12 unique firms in 4 countries. Each sample consisted of 48 units of packaged frozen seafood product from the same production lot. The retail package samples collected ranged in net weight from 2 to 7 lb. FDA field personnel collected the samples of imported seafood products in import status, which refers to products collected at ports of entry or other locations where they are held prior to being released into the U.S. commerce.
The samples were evaluated by FDA laboratories for net weight using the Association of Official Analytical Chemists (AOAC) method 963.18 – “Net contents of Frozen Seafoods – Drained Weight Procedure.” When a sample showed an average short weight of one percent or more, the sample results were referred to FDA compliance for potential regulatory actions (see FDA’s Compliance Policy Guide Sec 562.300 Foods – Net Weight).
Findings
The assignment findings are provided here. Of the 28 imported samples collected and tested, the FDA found 10 samples (36%) to be violative, with percent short weighting ranging from 2.3% to 9.9%. The violative samples were imported from 5 unique firms in 3 countries and included 8 shrimp samples and 2 squid samples.
A breakdown of the findings by country of origin is provided in Table 1. The agency cautions against making inferences or comparisons among countries based solely on Table 1 data in view of the small sample sizes and the fact that the agency did not design the assignment for such purposes.
Table 1. Number of samples collected and found violative by country of origin.
| Declared Country of Origin | Collected Samples | Violative Samples |
| China | 2 | 1 |
| Ecuador | 9 | 0 |
| Indonesia | 16 | 8 |
| Vietnam | 1 | 1 |
| TOTAL | 28 | 10 |
Follow-Up Actions
When the FDA found a sample to be violative, the agency took follow-up regulatory action to prevent further distribution of adulterated or mislabeled product into U.S. commerce as well as future shipments until corrections were made by the firm. All 10 violative samples resulted in refusal of entry for that shipment into the U.S. In addition, the FDA placed the associated five companies and their violative products on Import Alert 99-47. Products listed on the Import Alert are subject to Detention without Physical Examination. For products subject to Detention without Physical Examination, the company may provide evidence to the FDA to overcome the appearance of a violation, such as the test results of a third-party laboratory, verifying the manufacturer did not include the glaze as part of the declared net weight on the package. If FDA concludes that there remains an appearance of a violation, FDA refuses the product.
Discussion
The results of this assignment show frozen seafood products continue to be a commodity susceptible to economically motivated adulteration. The results reaffirm the need for the FDA to continue to test frozen (ice glazed) fishery products (e.g., shrimp, squid, fish fillets) for economically motivated adulteration to ensure consumers are not deceived.
Violative samples are subject to regulatory actions, consistent with the FDA’s mission to ensure that food is safe, wholesome, and properly labeled. When appropriate, the agency may consider pursuing criminal investigations. The FDA also collaborates with international counterparts to detect and combat economically motivated adulteration related to imported products, including imported glazed fishery products.
FDA will continue to monitor industry compliance and take appropriate regulatory actions to protect the interest of U.S. consumers.
For additional information on the FDA’s work to combat food fraud, please visit the agency’s Economically Motivated Adulteration (Food Fraud) page.
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