Sec. 550.700 Dried Prunes, Dehydrated Low Moisture Prunes, and Pitted Prunes -
Adulteration Involving Insects; Decomposition; Dirt; Pits, and Pit Fragments (CPG 7110.27)
REGULATORY ACTION GUIDANCE:
The following represents the criteria for direct reference seizure to Division of
Compliance Management and Operations (HFC-210) and for direct citation by the District
Offices:
NOTE: Examine a minimum of ten subsamples.
1. Dried and Dehydrated Low Moisture Prunes - The average of the subsamples is 5
percent or more by count insect infested, moldy or decomposed, dirty and/or otherwise
unfit prunes.
2. Pitted Prunes - Examination of a minimum of 50 prunes from each of 10 subs from each
code, or from the lot if no codes are present, by microanalytical manual method M13K3
shows the following:
An average of 2% or more by count of prunes with whole pits and/or pit fragments 2mm or longer;
and
Four or more of the 10 subs examined contain 2% or more prunes by count with whole pits
and/or pit fragments 2 mm or longer.
REMARKS:
Seizures of these products must be discussed with U.S.D.A. 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
Codes Analytical Conclusions
SPECIMEN CHARGE:
1. Filth adulteration - Article adulterated when introduced into and while in
interstate commerce, within the meaning of 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 prunes and dirt; and of a decomposed substance by reason of
presence therein of moldy, decomposed prunes.
2. Pitted Prunes - Article adulterated when introduced into and while in interstate
commerce, within the meaning of U.S.C. 342(b)(2) in that prunes with pits and/or pit
fragments have been substituted wholly or in part for pitted prunes.
Article misbranded when introduced into and while in interstate commerce, within
meaning of 21 U.S.C. 343(a) in that label statement "Pitted Prunes" is false and
misleading as applied to a product containing prunes with pit fragments.
Issued: 10/1/80
Revised: 3/95