Public Health Service Food and Drug Administration
Import Operations Branch Los Angeles District Long Beach Resident Post One World Trade Center, Suite 300 Long Beach, CA 90831 Main Phone: (562) 256-7700 Fax: (562) 256-7701
VIA UNITED PARCEL SERVICE
July 16, 2015
Mr. Johnny C. Lam, Vice President
LaCausa, Inc., dba Kim Nguan Trading
2437 Lee Avenue
South El Monte, CA 91733-1407
Dear Mr. Lam:
We inspected your seafood importer establishment, located at 2437 Lee Avenue, South El Monte, CA 91733 on May 4, 2015. We found that you have serious violations of the seafood Hazard Analysis and Critical Control Point (HACCP) regulation, Title 21, Code of Federal Regulations, Part 123 (21 CFR Part 123). The specific requirements for imported fish and fishery products are set out in 21 CFR 123.12. As an importer of fish or fishery products, you must operate in accordance with the requirements of Part 123. In accordance with 21 CFR 123.12(d), there must be evidence that all fish and fishery products offered for entry into the United States have been processed under conditions that comply with 21 CFR Part 123. If assurances do not exist that the imported fish or fishery product has been processed under conditions that are equivalent to those required of domestic processors under 21 CFR Part 123, the fish or fishery products will appear to be adulterated under Section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 342(a)(4) and will be denied entry. Because our inspection identified serious violations for 21 CFR Part 123, your prepared Anchovy, prepared Soft Herring and prepared Cuttlefish productsareadulterated under Section 402(a)(4)of the Act (21 U.S.C. § 342(a)(4)), in that they havebeen prepared, packed, or held under insanitary conditions whereby they may have been rendered injurious to health. You may find the Act, the seafood HACCP regulation and the Fish and Fisheries Products Hazards & Controls Guidance through links in FDA's home page at www.fda.gov.
Your significant violations were as follows:
You do not have or have not implemented written verification procedures, product specifications, and an affirmative step for ensuring that fish you import are processed in compliance with the Seafood HACCP regulation to comply with 21 CFR 123.12(a)(2).
Specifically, your firm does not have written verification procedures, product specifications, and affirmative steps for:
Prepared Anchovy and prepared Soft Herring products manufactured by (b)(4).
Prepared Cuttlefish products manufactured by (b)(4).
We may take further action if you do not promptly correct these violations. For instance, we may take further action to refuse admission of your imported fish or fishery products under Section 801 (a) of the Act (21 U.S.C. § 381(a)), including placing them on "detention without physical examination," seize your product(s) and/or enjoin your firm from further violating the Act.
You should respond in writing within fifteen (15) working days from your receipt of this letter. Your response should outline the specific things you are doing to correct these violations. You should include in your response documentation, such as HACCP and importer verification records and records that document the performance and results of your firm’s affirmative steps, or other useful information that would assist us in evaluating your corrections. If you cannot complete all corrections before you respond, you should explain the reason for your delay and state when you will correct any remaining violations.
This letter may not list all the violations at your facility. You are responsible for ensuring that your seafood importer establishment operates in compliance with the Act and the seafood HACCP regulation (21 CFR Part 123). You also have a responsibility to use procedures to prevent further violations of the Act and all applicable regulations for the fish or fishery products that you import into the United States. Please send your reply to:
Food and Drug Administration
Attention: Daniel Solis
Director Import Operations Branch
Los Angeles District
One World Trade Center, Suite 300
Long Beach, CA 90831
If you have questions regarding this letter, please contact James R. Miller, Compliance Officer at