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.