IA #16-128 - 5/18/04,"IMPORT ALERT #16-128, "MISBRANDED CATFISH"

TYPE OF ALERT: Guidance

               (Note: This import alert represents the Agency's current
               guidance to FDA field personnel regarding the
               manufacturer(s) and/or products(s) at issue.  It does not
               create or confer any rights for or on any person, and does
               not operate to bind FDA or the public).

PRODUCT:       Catfish

PRODUCT
CODE:               Non-aquaculture products:

               16A[][]10, 16A[][]67, 16A[][]82, 16A[][]99
               16B[][]10, 16B[][]67, 16B[][]82, 16B[][]99
               16C[][]10, 16C[][]67, 16C[][]82, 16C[][]99
               16I[][]10, 16I[][]67, 16I[][]82, 16I[][]99
               16S[][]10, 16S[][]67, 16S[][]82, 16S[][]99

               Aquaculture products:

               16X[][]02, 16X[][]99

PROBLEM:       Misbranding

PAF:           LBL (Labeling)

PAC FOR
COLLECTION:         21844

COUNTRY:       All (ZZ)

MANUFACTURER/
SHIPPER FEI#:  N/A

IMPORTER'S
FEI#:               N/A

CHARGE:        "The article is subject to refusal of admission pursuant to
               section 801(a)(3) in that it appears to be misbranded
               because it purports to be or is represented as catfish but
               is not a fish classified within the family Ictaluridae
               [Misbranding, Section 403(t)]."

OASIS CHARGE
CODE:               FALSECAT

RECOMMENDING
OFFICE:        CFSAN, Office of Seafood (HFS-400)

REASON FOR
ALERT:              Because of the new provision added by Section 403(t) of the
                    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343
                    Misbranded Foods), only catfish from the Ictaluridae family
                    can be labeled as catfish.

               FDA's Seafood List provides Agency guidance on common or
               usual names for fish that meet the provisions of 21 CFR 102.
               The species that are scientifically listed in the
               Ictaluridae family and thus may be labeled as catfish under
               Section 403(t) are listed by their genus name below:




                    Ictalurus spp.
                    Ameiurus spp.
                    Pylodictis spp.
                    Trogloglanis spp.
                    Satan spp.
                    Noturus spp.
                    Prietella spp.

GUIDANCE:      In the past, several non-Ictalurid fish species have been
               labeled using the term "catfish" as part of their common or
               market name. The non-Ictalurid fish that have been or were
               to be listed in the Seafood List as having common or usual
               names containing the term catfish and are affected by the
               new law are referenced in Attachment A.  Due to section
               403(t), these species must be identified by a different
               common or market name.

               Market names that have been suggested by importers are
               included under the last column on Attachment A.

               If a suspected catfish species substitution is encountered
               that is not covered by this alert, refer to The Seafood List
               ("FDA's Guide to Acceptable Market Name for Seafood Sold in
               Interstate Commerce" at internet address:
               http://www.cfsan.fda.gov/~frf/seaintro.html) for name
               verification. If the name is not on the List or if you have
               additional questions, contact the Office of Seafood at 301-
               436-2300.

               For questions or issues concerning science, science policy,
               sample collection, analysis, preparation, or analytical
               methodology, contact the Division of Field Science at (301)
               827-7605.

PRIORITIZATION
GUIDANCE:      III

FOI:           No purging required

KEYWORDS:      Catfish, misbranding, Ictalurus, Ameiurus, bullhead,
               flathead

PREPARED BY:   Ted Poplawski, DIOP (HFC-170)

DATE LOADED
INTO FIARS:         May 18, 2004

                                             Attachment A for Import Alert #16-128

Non-Ictalurid Species that have been listed or intended to be listed in The
Seafood List as having common or market names containing the term catfish

Scientific Name          Previous       Previous       Current List of
                    acceptable          Acceptable          Market Names
                    common name         Market Name         Derived through
                                                  FDA Consultation
                                                  with Importers

Arius felis              Hardhead       Sea Catfish         Whiskered fish
                    Catfish

Arius thalassinus        Giant Catfish  Sea Catfish         Giant Whiskered
                                                  fish

Bagre marinus       Gafftopsail         Sea Catfish         Sea Whiskered
                    Catfish                       Fish

Brachyplatystoma         Gilded Catfish Gilded Catfish Gilded Fish
flavicans

Brachyplatystoma         Piramutaba          Piramutaba          Piramutaba or
Vaillanti                          Catfish or          Laulao Fish
                                   Laulao Catfish

Clarias             Walking Catfish     Walking Catfish     Walking Clarias
Batrachus                                              Fish

Clarias             Sharptooth          Sharptooth          Sharptooth
gariepinus               Catfish        Catfish        Clarias fish

Clarias Hybid       ------------   ------------   Hybrid Clarias
(macrocephalus                                         Fish
and gariepinus)

Clarias             Broadhead           Broadhead      Broadhead Clarias
macrocephalus       Catfish        Catfish        fish

Heteropneustes           Stinging       Stinging        *
fossilis            Catfish        Catfish

Mystus aor               Long Whiskered Long Whiskered Long Whiskered
                    Catfish        Catfish        Fish

Mystus vittatus          Striped Catfish     Striped Dwarf  *
                                   Catfish

Ompok pabda              Pubdah Catfish Pubdah Catfish *

Pangasius                Basa Catfish   Basa or Bocourti    Basa, bocourti,
bocourti                           or Bocourti         bocourti Fish,
                                   Catfish        Basa fish

Pangasius gigas          Giant Pangasius     Pangasius, Giant    Giant Pangasius
                                   or Mekong
                                   Catfish

Pangasius                Shortbarbel         Pangasius,          Pangasius,
micronemus               Catfish        Shortbarbel, or     Shortbarbel
                                   Shortbarbel    pangasius
                                   Catfish

Pangasius                Swai           Swai, Sutchi,  Swai, Sutchi,
hypophthalmus                      Striped Catfish,    Striped Pangasius
                                   or Sutchi Catfish

Pinirampus               Flat-whiskered Flat-whiskered Flat-whiskered
pirinampu           Catfish        Catfish        fish

Pseudoplatystoma         Barred Sorubim Barred Catfish *
fasciatum

Pseudoplatystoma         Caparari       Caparari or         Caparari
tigrinum                           Tiger Catfish

* A proposed name has not been submitted to FDA. FDA is available to consult
on whether a proposed name might be false or misleading or otherwise
violative.