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*:

The cumin seed contains an average of 9.5% or more ash and/or 1.5% or more acid insoluble ash.

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 adulterated while held for sale after shipment in interstate commerce, within meaning of 21 U.S.C. as follows: 342(a)(3) in that it is unfit for food by reason or presence therein of sand and grit; 342(b)(2) in that sand and grit have been substituted wholly or in part for cumin seed.

*Materials between asterisks are new or revised*

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

Updated: 11/29/05