REGULATORY ACTION GUIDANCE:

The following represents criteria for direct reference seizure *requests to the Office of Human and Animal Food Operations (OHAFO) in consultation with the Office of Enforcement and Import Operations (OEIO) and CFSAN, and for direct citation by the appropriate Field Office within the Human and Animal Food Program*:

1. Insect Filth and Mold:

The ginger contains an average of 3% or more moldy and/or insect infested pieces by weight.

or

2. Mammalian Excreta:

The ginger contains an average of 3 milligrams or more of mammalian excreta per pound.

REMARKS:

Since the majority of spices are imported, determine that the lot in question has not been previously examined and released by FDA as an import. If the lot has been examined and released previously, submit all available facts to CFSAN/Office of *Compliance*/Division of Enforcement (HFS-605) for seizure consideration in the usual manner.

SPECIMEN CHARGE:

Article whole ginger, adulterated (when introduced into and while in interstate commerce)(while held for sale after shipment in interstate commerce), within meaning of 21 U.S.C. 342(a)(3), in that it consists wholly or in part of a filthy substance by reason of presence therein of (insects), (insect webbing), (insect excreta), (insect damaged whole ginger), and (mammalian excreta); and that it consists in part of a decomposed substance by reason of presence therein of (moldy, decomposed ginger).

*Material between asterisks is new or revised.*

Issued: 10/1/80
Revised: 3/95, 5/05
Updated: 11/29/05