Sec. 540.575 Fish - Fresh and Frozen - Adulteration Involving Decomposition (CPG
7108.05)
REGULATORY ACTION GUIDANCE:
The following represents criteria for direct reference seizure to the Division of Compliance
Management and Operations (HFC-210) and for direct issuance of a section 305 notice by
District Offices:
If in any code, or in the lot if no code is present, decomposed fish or fillets are
found in two or more shipping cases and examination shows any of the following:
1. 5% or more of the fish or fillets in the sample (but not less than 5) show class 3 decomposition over at least 25% of their areas;
or
2. 20% or more of the fish or fillets in the sample (but not less than 5) show class 2
decomposition over at least 25% of their areas;
or
3. The percentage of fish or fillets showing class 2 decomposition as above, plus 4
times the percentage of those showing class 3 decomposition as above, equals at least 20
and there are at least 5 decomposed fish or fillets in the sample.
NOTE: This guide applies only to fish or fillets averaging 3 pounds or less.
REMARKS:
If there is reason to believe that the lot of fish was packed under the supervision of
or certified by the National Marine Fisheries Service, U.S. Department of Commerce, submit
by EMS or FAX the following information to *CFSAN/Office of Field Programs/Division of
Enforcement (HFS-605)* and await reply before proceeding:
Sample Number Date of Shipment
Article Involved Dealer
Amount of Lot Shipper
Code Analytical Conclusions
SPECIMEN CHARGES:
The article was adulterated when introduced into and while in interstate commerce and
is adulterated while held for sale after shipment in interstate commerce within the
meaning of 21 U.S.C. 342(a)(3), in that it consists wholly or in part of a decomposed
substance by reason of the presence therein of decomposed fish.
NOTE: If the evidence establishes that the article became adulterated after receipt in
interstate commerce, or if the evidence does not establish when the article became
adulterated and the violation is such that it could have occurred anywhere, then charge
only that the article "is adulterated while held for sale after shipment in
interstate commerce."
*Material between asterisks is new or revised.*
Issued: 10/1/80
Revised: 10/30/89, 3/95