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  5. 2m Associates, Inc. - 614195 - 07/20/2021
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WARNING LETTER

2m Associates, Inc. MARCS-CMS 614195 —

Delivery Method:
VIA UNITED PARCEL SERVICE
Product:
Food & Beverages
Recipient:
Recipient Name
Mr. Alpha Bah
Recipient Title
C.E.O. and Owner
2m Associates, Inc.

203 W. 140th St, Apt. 4C
New York, NY 10030
United States

Issuing Office:
Division of Northeast Imports

United States

WARNING LETTER
CMS # 614195

Date: 7/20/2021

Dear Mr. Bah:

On February 1, 2021 through March 3, 2021, the Food and Drug Administration (FDA) conducted a remote Foreign Supplier Verification Program (FSVP) inspection of 2m Associates Inc. located at 523 Casanova Street, Bronx, NY 10474. We also conducted an initial inspection on April 12, 2019. These inspections were conducted to determine compliance with the requirements of section 805 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 384a) and the implementing FSVP regulation in 21 CFR part 1 subpart L.

The FSVP regulation requires that importers perform certain risk-based activities to verify that human and/or animal food they import into the United States has been produced in a manner that meets applicable U.S. food safety standards. You may find information relating to the FSVP regulation and your responsibilities to comply with the regulation through links in FDA’s FSVP web page at https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-foreign-supplier-verification-programs-fsvp-importers-food-humans-and-animals.

During the inspection, we found that you were not in compliance with the requirements of 21 CFR part 1 subpart L for your (b)(4) broken rice and (b)(4) rice imported from (b)(4), located in (b)(4). Your firm did not have FSVPs for these foods. Because of this significant violation, you are not in compliance with section 805 of the FD&C Act.

At the conclusion of the inspection, our investigator provided you with a Form FDA 483a FSVP Observations.

As of the date of this letter, we have not received your response to the Form FDA 483a issued on March 3, 2021.

Your significant violation of the FSVP regulation is as follows:

You did not develop, maintain, and follow an FSVP as required by section 805 of the FD&C Act and 21 CFR 1.502(a). Specifically, you did not develop an FSVP for each of the following foods:
• (b)(4) broken rice imported from (b)(4), located in (b)(4).
• (b)(4) rice imported from (b)(4), located in (b)(4).

The above is not intended to be an all-inclusive list of violations of the FSVP requirements. It is your responsibility to ensure that you are in compliance with section 805 of the FD&C Act and the implementing regulation in 21 CFR part 1 subpart L.

This letter notifies you of our concerns and provides you an opportunity to address them. Failure to adequately address this matter may result in further action. For instance, we may take action under section 801(a)(3) of the FD&C Act (21 U.S.C. 381(a)(3)) to refuse admission of (b)(4) broken rice and (b)(4) rice imported from (b)(4), located in (b)(4). We may place the food you import from the identified foreign supplier on detention without physical examination (DWPE) when you import the foods. You can find DWPE information relating to FSVP in Import Alert # 99-41 at http://www.accessdata.fda.gov/cms_ia/ialist.html. In addition, the importation or offering for importation into the United States of an article of food without the importer having an FSVP that meets the requirements of section 805 of the FD&C Act or the FSVP regulation is prohibited under section 301(zz) of the FD&C Act.

You should respond in writing to the FSVP violations within fifteen (15) working days from your receipt of this letter. Your response should address the specific things you are doing to correct these violations. You should include in your response documentation and information that will assist us in evaluating your corrections, (e.g., documentation of changes you made, such as a copy of your FSVP, records to demonstrate implementation of your FSVP), and any additional information that you wish to supply relevant to your compliance with the FSVP regulation. If you believe that you are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. If you cannot complete all corrections within 15 days, you should explain the reason for your delay and state when you will correct any remaining violations.

Please send your reply to Food and Drug Administration, Attention: Linda Ross, FDA Compliance Officer; Division of Northeast Imports: ORAOEIONEIMPORTSWLResponses@fda.hhs.gov. Please also cc (carbon copy) linda.ross@fda.hhs.gov. If you have any questions regarding this letter, you may contact Compliance Officer Ross via email at linda.ross@fda.hhs.gov. Please reference CMS # 614195 on any documents or records you provide to us and/or within the subject line of any email correspondence you send to us.

Sincerely,
/S/

Dawne Hines
Program Division Director
Division of Northeast Imports

 
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