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  5. Jam Jam Services, Inc. - 630847 - 06/01/2022
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WARNING LETTER

Jam Jam Services, Inc. MARCS-CMS 630847 —

Delivery Method:
VIA EMAIL AND UNITED PARCEL SERVICE
Product:
Food & Beverages
Recipient:
Recipient Name
Mr. David G. Johnson
Recipient Title
President
Jam Jam Services, Inc.

5401 NW 102nd Ave
Sunrise, FL 33351-8745
United States

Issuing Office:
Division of Southeast Imports

United States

June 1, 2022

WARNING LETTER

Re: CMS 630847

Dear Mr. Johnson:

On January 25, 2022, through February 3, 2022, the U.S. Food and Drug Administration (FDA) conducted a Foreign Supplier Verification Program (FSVP) inspection of Jam Jam Services, Inc., located at 5401 NW 102nd Ave. Sunrise, FL 33351. We also conducted an inspection on December 30, 2020, through February 1, 2021, and on May 14, 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 most recent inspection, we found that you are not in compliance with the requirements of 21 CFR part 1, subpart L for the foods you import. Because of these significant violations, you are not in compliance with section 805 of the FD&C Act.

At the conclusion of the initial FSVP inspection in 2019, the follow-up inspection in 2020, and the compliance follow-up inspection in 2022, our investigator provided you with a Form FDA 483a, FSVP Observations. We have not received your response to any of the Form FDA-483a’s.

Your significant violations of the FSVP regulation are 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 any of the food products that you import, including:

  • Powdered Scotch Bonnet Peppers, imported from (b)(4), located in (b)(4).
  • Beverage Mix Coconut Flavor, imported from (b)(4), located in (b)(4).

The above violations are 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.

(b)(3)(A)

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 the food products you import for which you appear to be in violation of section 805. We may place the foods you import 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 (21 U.S.C. 331(zz)).

You should respond in writing within fifteen (15) working days from your receipt of this letter. Your response should address the specific things you are doing to correct any violations. You should include in your response documentation and information that would 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 working 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: Ms. Ruth Dixon, Program Division Director, Division of Southeast Imports, 404 BNA Drive, Building 200 - Suite 500 Nashville, TN 37217-2565. If you have any questions regarding this letter, you may contact Ms. Coral del Mar Lopez, Compliance Officer via email at coraldelmar.lopez@fda.hhs.gov. Please reference CMS #630847 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/

Ruth Dixon
Program Division Director
Division of Southeast Imports

 
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