Sec. 550.225 Cherries Brined, Fresh, Canned and Frozen - Adulteration Involving Rot and
Insect (CPG 7110.04)
REGULATORY ACTION GUIDANCE:
*The following represents criteria for direct reference seizure to the Division of
Compliance Management and Operations (HFC-210) and for direct citation by District
Offices:*
Brined and maraschino - Maggots
The cherries contain an average of 5% or more rejects due to maggots.
Fresh, canned or frozen
1. Rot: The cherries contain an average of 7% or more rejects due to rot.
or
2. Insects other than maggots: The cherries contain an average of 4% or more rejects
due to insects other than maggots.
*SPECIMEN CHARGE:
Article adulterated (when introduced into and while in interstate commerce) (while held
for sale after introduction into interstate commerce), within the meaning of 21 U.S.C.
342(a)(2), in that it consists in part of a (filthy) (decomposed) substance by reason of
the presence therein of (maggots) (insects) (rotten/decomposed cherries).
NOTE: Only use direct reference citation authority when prosecution is anticipated and
evidence to support a prosecution is included with the adulteration charge. Evidence
necessary to support a prosecution is specified in existing regulatory procedures
issuances.*
*Material between asterisks is new or revised*
Issued: 11/1/81
Revised: 3/95