Exhibit 9-1 has been deleted. See Exhibit 9-12 instead.
EXHIBIT 9-2
Model Letter for Use in General Mail Importations
(LETTERHEAD)
A mail shipment of an article from a foreign country addressed to you is being detained at the U.S. Post Office. All products of this kind must meet the requirements of the Federal Food, Drug, and Cosmetic Act or other laws enforced by the Food and Drug Administration. These laws are designed to protect you from, among other things, unsafe or misrepresented foods, drugs, biologics, cosmetics, devices, and other articles. The product addressed to you does not appear to comply with the law.
Please read the enclosed Notice of Detention and Hearing carefully since it explains why FDA believes that the product sent to you is in violation. The Notice does not in any manner accuse you of violating any law.
If you have good reason to believe that the product does comply with the law and wish to discuss it with us, you may personally come to this office, telephone, or write to us within the time limit shown on the Notice.
If you do not wish to claim this shipment, you may disregard the Notice and the shipment will be returned to the sender without cost to you. The shipment will be returned to the sender automatically if we do not hear from you within the time limit shown on the Notice.
Sincerely yours,
Enclosure:
Model Letter for Use in Detentions of Drugs and Devices
(LETTERHEAD)
A mail shipment addressed to you of a drug (device) from a foreign country is being detained at the U.S. Post Office. All products of this kind must meet the requirements of the Federal Food, Drug and Cosmetic Act which is designed to protect you from products that have not been shown to be safe and effective and that are not labeled in a truthful, accurate and non-misleading manner.
Please read the enclosed Notice of Detention and Hearing carefully, since it explains why the product addressed to you appears to violate U.S. law. The Notice does not accuse you in any manner of violating any law.
If the drug is not approved for distribution in the United States, FDA may consider releasing the product to you for your own personal use if you provide a statement containing:
Send your statement to this office and we will promptly review your submission and consider release of the product.
If you have good reason to believe that the product does comply with the law and you wish to discuss it with us, you may come in person to this office, telephone, or write to us within the time limit shown on the Notice.
If you do not wish to claim this shipment, you may disregard the Notice and the shipment will be returned to the sender without cost to you. The shipment will be returned to the sender automatically if we do not hear from you within the time limit shown on the Notice.
Sincerely yours,
Enclosure:
SPECIMEN CHARGES
Suggested wording for charges under the Acts enforced by FDA may be found on Import Alerts, and as part of reference tables of LISTS and OASIS automated systems. (The following list of charges should not be considered all inclusive and may be up-dated or canceled as necessary.)
OASIS VIOLATION CHARGE TEXT
Act, Section, and type of ChargeCharge Code FD&CA 402(a)(1), 801(a)(3); ADULTERATION CONTAM CAN The article appears to be held in a container containing a poisonous or deleterious substance which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION LISTERIA The article appears to contain Listeria, a poisonous and deleterious substance which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION SALMONELLA The article appears to contain Salmonella, a poisonous and deleterious substance which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION SHIGELLA The article appears to contain Shigella, a poisonous and deleterious substance which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION BACTERIA The article appears to contain a poisonous and deleterious substance which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION POISONOUS The article appears to contain a poisonous or deleterious substance which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION AFLATOXIN The article appears to contain aflatoxin, a poisonous and deleterious substance, which may render it injurious to health. FD&CA 402(a)(1), 801(a)(3); ADULTERATION EXCESS SUL The article appears to contain excessive sulfites, a poisonous and deleterious substance which may render it injurious to health. FD&CA 402(a)(2)(A), 801(a)(3); ADULTERATION UNSAFE SUB The article appears to bear or contain a substance which is unsafe within the meaning of Section 406. FD&CA 402(a)(2)(A), 801(a)(3); ADULTERATION FLUOROCARB The article appears to contain chloroflurocarbons in violation of 21 CFR 2.125. FD&CA 402(a)(2)(B), 801(a)(3); ADULTERATION PESTICIDE The article appears to be a raw agricultural commodity that bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a). FD&CA 402(a)(2)(C), 801(a)(3); ADULTERATION GINSENG The article appears to bear or contain "Ginseng", a food additive which is unsafe within the meaning of Section 409. (Note: Detention authority for this charge was cancelled with passage of the Dietary Supplement Act.) FD&CA 402(a)(2)(C), 801(a)(3); ADULTERATION UNSAFE ADD The article appears to bear or contain a food additive which is unsafe within the meaning of Section 409. FD&CA 402(a)(3), 801(a)(3); ADULTERATION LEAK/SWELL The article appears to be held in swollen containers or contains micro leaks. FD&CA 402(a)(3), 801(a)(3); ADULTERATION FILTHY The article appears to consist in whole or in part of a filthy, putrid, or decomposed substance or be otherwise unfit for food. FD&CA 402(a)(3), 801(a)(3); ADULTERATION OFF ODOR The article appears to consist in whole or in part of a filthy, putrid, or decomposed substance or be otherwise unfit for food. Contains an off odor. FD&CA 402(a)(3), 801(a)(3); ADULTERATION FOREIGN OB The article appears to consist in whole or in part of a filthy, putrid, or decomposed substance, or is otherwise unfit for food in that it appears to contain foreign objects. FD&CA 402(a)(4), 801(a)(3); ADULTERATION NO PROCESS It appears that the manufacturer has not filed information on its scheduled process as required by 21 CFR 108.25(c)(2) or 108.35(c)(2). FD&CA 402(a)(4), 801(a)(3); ADULTERATION NEEDS FCE It appears the manufacturer is not registered as a low acid canned food or acidified food manufacturer pursuant to 21 CFR 108.25(c)(1) or 108.35(c)(1). FD&CA 402(a)(4), 801(a)(3); ADULTERATION SOAKED/WET The article appears to have been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health in that it appears to have been held in water. FD&CA 402(a)(4), 801(a)(3); ADULTERATION INSANITARY The article appears to have been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health. FD&CA 402(a)(4), 801(a)(3); ADULTERATION UNDER PRC The article appears to have inadequate processing in having been prepared, packed, or held under insanitary conditions whereby it may have been rendered injurious to health. FD&CA 402(a)(4), 801(a)(3); ADULTERATION NEEDS ACID The food appears to have been prepared, packed, or held under insanitary conditions or it may have been rendered injurious to health due to inadequate acidification. FD&CA 402(a)(5), 801(a)(3); ADULTERATION *** The food appears to be, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter. FD&CA 402(a)(5), 801(a)(3); ADULTERATION DISEASED The food appears to be, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter. FD&CA 402(a)(6), 801(a)(3); ADULTERATION CONTAINER The container appears to be composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health. FD&CA 402(b)(1), 801(a)(3); ADULTERATION OMITTED It appears that a valuable constituent of the article has been in whole or in part omitted or abstracted from the article. FD&CA 402(b)(2), 801(a)(3); ADULTERATION SUBSTITUTE It appears that a substance has been substituted wholly or in part for one or more of the article's ingredients. FD&CA 402(b)(3), 801(a)(3); ADULTERATION CONCEALED It appears to be food which has damage or inferiority concealed in any manner. FD&CA 402(b)(4), 801(a)(3); ADULTERATION ADDED BULK The food appears to have a substance added to, mixed or packed with it so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. FD&CA 402(c), 403(m), 801(a)(3); ADULTERATION, MISBRANDING YELLOW #5 The food appears to bear or contain the color additive FD&C Yellow FD&CA 402(c), 801(a)(3); ADULTERATION UNSAFE COL The article appears to be, or to bear, or to contain a color additive which is unsafe within the meaning of Section 721(a). FD&CA 402(d)(1), 801(a)(3); ADULTERATION IMBED OBJT The article appears to be a confectionery that has partially or completely imbedded therein any non-nutritive object. FD&CA 402(d)(2), 801(a)(3); ADULTERATION ALCOHOL The article appears to be a confectionery that bears or contains alcohol in excess of 1/2 of 1% by volume derived solely from the use of flavoring extracts. FD&CA 402(d)(3), 801(a)(3); ADULTERATION NONNUT SUB The article appears to be confectionery and it bears or contains a non-nutritive substance. FD&CA 402(e), 801(a)(3); ADULTERATION BUTTER The article appears to be oleo/margarine or butter with raw materials consisting, in whole or in part, of a filthy, putrid, or decomposed substance or the article is otherwise be unfit for food. FD&CA 403(a)(1), 801(a)(3); MISBRANDING FALSE The labeling of the article appears to be false and misleading. FD&CA 403(a)(2), 801(a)(3); MISBRANDING VITAMN LBL The food appears to be subject to section 411 and its advertising is false or misleading in a material respect or its labeling is in violation of section 411(b)(2). FD&CA 403(b), 801(a)(3); MISBRANDING WRONG IDEN The article appears to be offered for sale under the name of another food. FD&CA 403(c), 801(a)(3); MISBRANDING IMITATION The article appears to be an imitation of another food and the label does not bear in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated. FD&CA 403(e)(1), 801(a)(3); MISBRANDING LACKS FIRM The food is in package form and appears to not bear a label containing the name and place of business of the manufacturer, packer, or distributor. FD&CA 403(e)(2), 801(a)(3); MISBRANDING LACKS N/C The food is in package form and appears to not have a label containing an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count and no variations or exemptions have been prescribed by regulations. FD&CA 403(f), 801(a)(3); MISBRANDING INCONSPICU Information required by the Act to be on the label or labeling does not appear to be conspicuous enough as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase and use. FD&CA 403(f), 801(a)(3); MISBRANDING NO ENGLISH Required label or labeling appears to not be in English per 21 CFR 101.15(c). FD&CA 403(g)(1), 801(a)(3); MISBRANDING STD IDENT The food appears to be represented as a food for which a definition and standard of identity have been prescribed by regulations as provided by section 401 and the food does not appear to conform to such definition and standard. FD&CA 403(g)(2), 801(a)(3); MISBRANDING OPTION ING It appears to be a food for which a definition and standard of identity have been prescribed by regulations under section 401 and appears to not be labeled with the common names of the optional ingredients specified therein. FD&CA 403(g)(2), 801(a)(3); MISBRANDING STD NAME It appears to be a food for which a definition and standard of identity have been prescribed by regulations under section 401 and appears to not be labelled with the name specified in the definition and standard. FD&CA 403(h)(1), 801(a)(3); MISBRANDING STD QUALIT The article appears to be represented as a food for which a standard of quality has been prescribed by regulation as provided by Sec. 401 and it appears its quality falls below such standard and its label does not so indicate. FD&CA 403(h)(2), 801(a)(3); MISBRANDING STD FILL The article appears to be represented as a food for which a standard of fill of container has been prescribed by regulations as provided by section 401 and it appears it falls below the standard of fill and its label does not so indicate. FD&CA 403(i)(1), 801(a)(3); MISBRANDING USUAL NAME It appears that the label does not bear the common or usual name of the food. FD&CA 403(i)(2), 801(a)(3); MISBRANDING JUICE It appears the food is a beverage containing vegetable or fruit juice and does not bear a statement on the label in appropriate prominence on the information panel of the total percentage of such fruit or vegetable juice contained therein. FD&CA 403(i)(2), 801(a)(3); MISBRANDING LIST INGRE It appears the food is fabricated from two or more ingredients and the label does not list the common or usual name of each ingredient. FD&CA 403(j), 801(a)(3); MISBRANDING DIETARY The article purports to be or is represented for special dietary uses and its label does not appear to bear the nutritional information required by regulation. FD&CA 403(k), 801(a)(3); MISBRANDING PRESRV LBL The article appears to contain a chemical preservative and it fails to bear labeling stating that fact including its function. FD&CA 403(k), 801(a)(3); MISBRANDING COLOR LBLG The article appears to contain an artificial coloring and it fails to bear labeling stating that fact. FD&CA 403(k), 801(a)(3); MISBRANDING FLAVR LBLG The article appears to contain an artificial flavoring and it fails to bear labeling stating that fact. FD&CA 403(o); 801(a)(3) Misbranded SACCHARIN The article contains saccharin, a non-nutritive sweetener, and its label or labeling fails to bear the required warning statement. FD&CA 403(q); 801(a)(3); Misbranding NUTRIT LBL The article appears to be misbranded in that the label or labeling fails to bear the required nutrition information. FD&CA 501(a)(1), 801(a)(3); ADULTERATION FILTHY The article appears to consist, in whole or in part, of any filthy, putrid,or decomposed substance. FD&CA 501(a)(2)(A), 801(a)(3); ADULTERATION INSANITARY The article appears to have been prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health. FD&CA 501(a)(2)(A), 801(a)(3); ADULTERATION STERILITY The article appears to have been prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or may have been rendered injurious to health in that it is not sterile. FD&CA 501(a)(2)(B), 801(a)(3); ADULTERATION DRUG GMPS It appears that the methods used in or the facilities or controls used for manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practices. FD&CA 501(a)(2)(B), 801(a)(3); ADULTERATION TAMPERING It appears that the packing does not conform with current good manufacturing practices under 21 CFR 211.132 for tamper-resistant packaging. FD&CA 501(a)(3), 801(a)(3); ADULTERATION CONTAINER The container appears to be composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health. FD&CA 501(a)(4)(A), 801(a)(3); ADULTERATION COL ADDED The article appears to bear or contain, for the purpose of coloring only, a color additive which is unsafe within the meaning of Section 721(a). FD&CA 501(a)(4)(B), 801(a)(3); ADULTERATION UNSAFE COL The article appears to be a color additive for the purposes of coloring only in or on drugs or devices, and is unsafe within the meaning of Section 721(a). FD&CA 501(a)(5), 801(a)(3); ADULTERATION FLUOROCARB The article appears to be a new animal drug containing chloroflurocarbons in violation of 21 CFR 2.125. FD&CA 501(a)(5), 801(a)(3); ADULTERATION NEW VET DR The article appears to be a new animal drug which is unsafe within the meaning of Section 512. FD&CA 501(a)(6), 801(a)(3); ADULTERATION FEED & NAD The article appears to be an animal feed bearing or containing a new animal drug and such animal feed is unsafe within the meaning of Section 512. FD&CA 501(b), 801(a)(3); ADULTERATION DR QUALITY The article appears to be represented as a drug the name of which is recognized in an official compendium and its strength appears to differ from or its quality or purity appear to fall below the standards set forth in such compendium. FD&CA 501(c), 801(a)(3); ADULTERATION NOT IMPACT The article appears to not have impact-resistant lenses in accordance with 21 CFR 801.410. FD&CA 501(c), 801(a)(3); ADULTERATION DR QUALITY The drug appears to be represented as not being recognized in an official compendium and appears its strength differs from or its quality or purity falls below, that which it purports or is represented to possess. FD&CA 501(c); 801(a)(3) ADULTERATION STAINSTEEL The article appears to be a device whose quality falls below that which it purports or is represented to possess in that the instrument is represented as stainless steel but does not meet requirements for such steel for surgical instruments. FD&CA 501(c); 801(a)(3) ADULTERATION DV QUALITY The article appears to be a device whose quality falls below that which it purports or is represented to possess. FD&CA 501(c); 801(a)(3) ADULTERATION HOLES The quality of the article falls below that which it purports or is represented to possess, in that the devices contain defects/holes. FD&CA 501(d)(1), 801(a)(3); ADULTERATION REDUCED It appears to be a drug that a substance has been mixed or packed with so as to reduce its strength. FD&CA 501(d)(2), 801(a)(3); ADULTERATION SUBSTITUTE It appears to be a drug that a substance has been substituted wholly or in part. FD&CA 501(e), 801(a)(3); ADULTERATION FAILS STD The article appears to be a device which is subject to a performance standard established under Section 514 and does not appear to be, in all respects, in conformity with such standard. FD&CA 501(f)(1)(B), 801(a)(3); ADULTERATION NO PMA The article appears to be a class III device without an approved application for premarket approval pursuant to section 515(a). FD&CA 501(g), 801(a)(3); ADULTERATION BANNED The article appears to be a banned device. FD&CA 501(h), 801(a)(3); ADULTERATION DEVICE GMP The methods, facilities, or controls used for the article's manufacture, packing, storage. or installation do not conform with applicable requirements under section 520(f)(1) or a condition prescribed by an order under section 520(f)(2). FD&CA 502(a) & (f)(1), 801(a)(3); MISBRANDING PERSONALRX The article appears to be a drug which requires a prescription from your doctor. FD&CA 502(a) & (f)(1), 801(a)(3); MISBRANDING RX LEGEND The article appears to be a prescription drug without a prescription drug legend as required by Section 503(b)(4). FD&CA 502(a) & (f)(1), 801(a)(3); MISBRANDING VET LEGEND The article appears to be a veterinary drug without the caution statement as required by Section 503 (f)(4). FD&CA 502(a) and/or 502(f)(1); MISBRANDING NONSTEEL Labeling appears false or misleading or fails to bear adequate directions for use, because the article appears to be misrepresented as a disposable single use instrument when it is intended for use as a stainless steel multi-use instrument. FD&CA 502(a), 801(a)(3); MISBRANDING FALSE The labeling for this article appears to be false or misleading. FD&CA 502(a), 801(a)(3); MISBRANDING LENS CERT The lenses are declared by accompanying certificate to meet the requirements for impact-resistant lenses in 21 CFR 801.410 but do not appear to be impact-resistant. FD&CA 502(a),(f)(1), 801(a)(3); MISBRANDING RX DEVICE The article appears to be a prescription device without a prescription device legend as required by 21 CFR 801.109. FD&CA 502(a); 801(a)(3); MISBRANDING LBL STEEL The labeling for this article appears to be false or misleading: labeling suggests it is composed of stainless steel, but it doesn't meet standard requirements for the appropriate type of stainless steel. FD&CA 502(b)(1), 801(a)(3); MISBRANDING LACKS FIRM The article is in package form and appears to not bear a label containing the name and place of business of the manufacturer, packer, or distributor. FD&CA 502(b)(2), 801(a)(3); MISBRANDING LACKS N/C The article is in package form and appears to not have a label containing an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count and no variations or exemptions have been prescribed by regulations. FD&CA 502(c), 801(a)(3); MISBRANDING INCONSPICU Information required by the Act to be on the label or labeling does not appear to be conspicuous enough as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. FD&CA 502(c); 801(a)(3); MISBRANDING NO ENGLISH Required label or labeling appears to not be in English in violation of 21 CFR 201.15(c)(1). FD&CA 502(e)(1); 801(a)(3); MISBRANDING DRUG NAME The article appears to be a drug and fails to bear the proprietary or established name and/or name and quantity of each active ingredient. FD&CA 502(e)(2); 801(a)(3); MISBRANDING DV NAME The article appears to be a device and its labeling fails to bear the proprietary or established name. FD&CA 502(f)(1), 801(a)(3); MISBRANDING DIRECTIONS The article appears to lack adequate directions for use. FD&CA 502(f)(1),801(a)(3);MISBRANDING&PHS BIOL. ACT 351 NO LICENSE The article appears to be a biological product not manufactured at an establishment holding an un-suspended and unrevoked license issued under the Public Health Service Act, Biological Products section 351. FD&CA 502(f)(2), 801(a)(3); MISBRANDING WARNINGS It appears to lack adequate warnings against use in pathological conditions or by children where it may be dangerous to health or against unsafe dosage, methods, administering duration, application, or manner and form to protect users. FD&CA 502(j), 801(a)(3); MISBRANDING DANGEROUS The article appears to be dangerous to health when used in the dosage or manner, or with the frequency or duration, prescribed, recommended, or suggested in the labeling thereof. FD&CA 502(k), 801(a)(3); MISBRANDING INSULIN The drug appears to purport, or represented as, being composed wholly or partly of insulin and it does not appear to be from a batch with respect to which a certificate or release has been issued pursuant to section 506. FD&CA 502(l), 801(a)(3); MISBRANDING ANTIBIOTIC The drug appears to purport, or represented as, being composed wholly or partly of an antibiotic and it does not appear to be from a batch with respect to which a certificate or release has been issued pursuant to section 507. FD&CA 502(m), 801(a)(3); MISBRANDING DRUG COLOR The article appears to be a color additive the intended use of which is for the purpose of coloring only, and its packaging and labeling do not conform to regulations issued under section 721. FD&CA 502(o), 801(a)(3); MISBRANDING REGISTERED It appears the device is subject to listing under 510(j) and the initial distributor has not registered as required by 21 CFR 807.20 (a)(4). FD&CA 502(o), 801(a)(3); MISBRANDING NOT LISTED It appears the drug or device is not included in a list required by Section 510(j) or a notice or other information respecting it was not provided as required by section 510(j) or 510(k). FD&CA 502(p), 801(a)(3); MISBRANDING POISON PKG The article appears to be a drug and its packaging and labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970. FD&CA 502(s), 801(a)(3); MISBRANDING STD LABEL The article appears to not bear labeling prescribed by the performance standard established under section 514. FD&CA 502(t), 801(a)(3); MISBRANDING RECORDS The article appears to be a device and the requirements under 518 or to furnish any material or information required by or under section 519 respecting a device were not met. FD&CA 505(a), 801(a)(3); UNAPPROVED NEW DRUG UNAPPROVED The article appears to be a new drug without an approved new drug application. FD&CA 536(a),(b); NON STANDARD NON STD It appears that the article fails to comply with applicable standards prescribed under section 534. FD&CA 536(a),(b); NOT CERTIFIED NO TAG It appears that the article does not have affixed to it a certification in the form of a label or tag in conformity with section 534(h). FD&CA 536(a); FAILURE TO FILE INITIAL REPORT NO REGISTR The article appears to be an electronic product that does not comply with an applicable standard as prescribed by Section 534 because no reporting has been provided as required by Section 537(b). FD&CA 601(a), 801(a)(3); ADULTERATION FLUOROCARB The article appears to contain chloroflurocarbons in violation of 21 CFR Part 2.125. FD&CA 601(a), 801(a)(3); ADULTERATION POISONOUS The cosmetic appears to bear or contain a poisonous or deleterious substance which may render it injurious to users under the conditions prescribed in the labeling. FD&CA 601(b), 801(a)(3); ADULTERATION FILTH The cosmetic appears to consist in whole or in part of any filthy, putrid, or decomposed substance. FD&CA 601(c), 801(a)(3); ADULTERATION HELD INSAN The cosmetic appears to have been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health. FD&CA 601(d), 801(a)(3); ADULTERATION CONTAINER The container appears to be composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health. FD&CA 601(e), 801(a)(3); ADULTERATION COSM COLOR The cosmetic appears to not be a hair dye, and is, bears, or contains a color additive which is unsafe within the meaning of section 721(a). FD&CA 602(a)and/or(b),and/or(c),801(a)3); MISBRANDING CSTIC LBLG The labeling appears to fail to comply with cosmetic labeling requirements of Section 601(a), and/or (b), and/or (c), and as identified by 21 CFR Part 701. FD&CA 602(e), 801(a)(3); MISBRANDING COLOR LBLG The color additive appears to not have its packaging and labeling in conformity with such requirements as issued under section 721. FD&CA 801(a)(1); NON CONFORMING MANUFACTURING PRACTICES IMP GMP The methods used in, or the facilities or controls used for, the manufacture, packing, storage, or installation do not conform to the requirements under section 520(f). FD&CA 801(a)(2); FORBIDDEN OR RESTRICTED IN SALE FORBIDDEN The article appears to be forbidden or restricted in sale in the country in which it was produced or from which it was exported. FD&CA 801(a)(3); 403(r)(1)(A)/(B); MISBRANDING HEALTH C The article appears to be misbranded in that the label or labeling bears an unauthorized nutrient content/health claim. FD&CA 801(a)(3); 502(o); MISBRANDING NO 510(K) It appears that a notice or other information respecting the device was not provided to FDA, as required by Section 510(k), and the device was not found to be substantially equivalent to a predicate device. FD&CA 801(d)(1),(2); IMPORTATION RESTRICTED DRUG SAMPL The article appears to be a prescription drug manufactured in the U.S. and offered for import by other than the manufacturer and re-importation does not appear to have been authorized by the Secretary for use in a medical emergency. FIMA 1, 2; PROHIBITION WITHOUT PERMIT NO PERMIT The article is milk or cream not subject to a valid permit. FPLA 5(c)(3)(A); 801(a)(3); MISBRANDING COSMETLBLG It appears the label does not bear the common or usual name of the cosmetic. FPLA 5(c)(3)(B); 801(a)(3); MISBRANDING COSMETLBLG It appears that the cosmetic consists of two or more ingredients and the label does not list the common or usual name of each ingredient. FPLA Section 4(a); 801(a)(3); MISBRANDING LABELING The article appears in violation of FPLA because of its placement, form, and/or contents statement. PHSQI 361 TISSUE This tissue is in violation of 21 CFR Part 1270. The tissue must not be distributed and must be held intact pending recall and/or destruction, or release. TIA 1 (21 U.S.C. 41); PROHIBITED TEA REJECT TEA The article is inferior in purity, quality, and fitness for consumption to the standards provided in section 43. (On April 9, 1996, HR 2969 (Public Law 104-128) was signed by the President. This law repels the Tea Importation Act of 1897. Importers of Tea are no longer required to submit samples of Tea to the Tea Examiner, or complete and submit a Tea Chop List (FDA form 1824) for each importation. However, tea is still regulated under provisions of the FD&CA and, as such, requires notification of each entry to FDA.)
The attached exhibit of Notice of FDA Action is a model and should not be considered all inclusive. The format and wording in the actual Notice of FDA Action issued by districts from the Operational and Administrative System for Import Support (OASIS) may appear different.
EXAMPLE
United States Food and Drug Administration
Los Angeles District Office
Notice of FDA Action
Entry Number: 112-9861457-6
Notice Number: 2
November 6, 1996
Filer:
FBN Freight Services Attention: George
500 Canal St.
New Orleans LA 70130
Port of Entry: 2704, Los Angeles,
Carrier: NOL RUBY
Entry Date: November 2, 1996
Arrival Date: November 4, 1996
Importer of Record: Shipley's Donut Shop Inc., Lafayette, LA
Consignee: a: Shipley's Donut Shop Inc., Lafayette, LA
b: Specialty Commodities Inc. Fargo, ND
HOLD DESIGNATED
Documents Required and Notify FDA of Availability
Summary of Current Status of Individual Lines
@ LINE
ACS/FDA Product Description Quantity Current Status
* a 001/001 PINEAPPLE, DEHYDRATED 500 CT RELEASED 11-6- 96
@ LINE
ACS/FDA Product Description Quantity Current Status
* a 002/001 DEHYDRATED GINGER SLICES 10 KG Product Collected by FDA11-06-96
@LINE
ACS/FDA Product Description Quantity Current Status
* b 003/001 PAPAYA, DEHYDRATED 10 KG Detained 11-06- 96
* Status change since the previous notice. Read carefully the sections which follow for important information regarding these lines.
@ Consignee id
FDA will not request redelivery for examination or sampling, if the products not released by FDA are moved, following USCS conditional release to a location within the local metropolitan area or to a location approved by the FDA office at the number below.
All products in this entry not listed above may proceed without FDA examination. This notice does not constitute assurance the products involved comply with provisions of the Food, Drug, and Cosmetic Act or other related acts, and does not preclude action should the products later be found violative.
Please provide documentation concerning all products in this entry to the FDA office below. Include the USCS document (e.g. CF-3461 or CF-7501) and commercial invoice for these products, annotated to show the ACS/FDA line numbers sent electronically.
Also, advise FDA upon actual availability, and include date, location, and warehouse control number, where applicable, for all lines in this entry.
Jennifer A Thomas, Inspector
U.S. Food & Drug Administration
(213)
555-1212
2nd and Chestnut Streets (HFR-MA100)
Philadelphia, PA 19106
DETENTION WITHOUT EXAMINATION
The following products are subject to refusal pursuant to the Federal Food Drug and Cosmetic Act (FD&CA), Public Health Service Act (PHSA), or other related acts in that they appear to be adulterated, misbranded or otherwise in violation as indicated below:
LINE
ACS/FDA Product Description Respond By
003/001 Product: PAPAYA, DEHYDRATED November 26, 1996
FD&CA Section 402(a)(1), 801(a)(3); ADULTERATION
The article appears to be held in a container containing a poisonous or deleterious substance which may render it injurious to health.
FD&CA Section 402(a)(2)(B), 801(a)(3); ADULTERATION
The article appears to be a raw agricultural commodity that bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) . The article appears to contain quinalphos.
You have the right to provide oral or written testimony, to the Food & Drug Administration, regarding the admissibility of the article(s) or the manner in which the article(s) can be brought into compliance. This testimony must be provided to FDA on or before the dates shown above.
SAMPLES COLLECTED
LINE
ACS/FDA Product Description Est. Cost
001/001 PINEAPPLE, DEHYDRATED $ 15.00
Sample: 10 KG Collected 1 KG from each of 10 cartons
LINE
ACS/FDA Product Description Est. Cost
002/001 DEHYDRATED
GINGER SLICES $ .23
Sample: .1 KG Collected approximately 4 ounces from one carton.
LINES RELEASED
LINE
ACS/FDA Product Description
001/001 PINEAPPLE, DEHYDRATED
These products are released. This notice does not constitute assurance that the product released complies with all provisions of the Food, Drug, and Cosmetic Act, or other related Acts, and does not preclude action should the product later be found violative.
Notice Prepared by: Thomas J DiNunzio (QA5)
U.S. Food & Drug
Administration
19 CFR 12.21-12.23
Viruses, Serums, Toxins, Antitoxins, and analogous products for the treatment
of man.
'12.21 licensed
establishments.
The bringing into the United States for sale, barter, or exchange, of any virus, therapeutic serum, toxin, antitoxin, or analogous product, or arsphenamine or its derivatives (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of diseases or injuries of man is prohibited unless such virus, serum, toxin, antitoxin, or other product has been manufactured at an establishment holding an unsuspended and unrevoked license issued by the Secretary of Health and Human Services for such manufacture.
[T.D. 69-201, 34 FR 14328, Sept. 12, 1969, as amended by T.D. 82-145, 47 FR 35476, Aug. 16, 1982]
'
12.22 Labels; SamplesEach package of such products imported for sale, barter, or exchange shall be labeled or plainly marked with the name, address, and license number of the manufacturer, and the date beyond which the contents cannot be expected to yield their specific results. From each lot of product the district director shall select at random at least two final containers. The random sample together with a copy of the associated documents which describe and identify the shipment shall be forwarded to the Director, Center for Biologics Evaluation and Research (CBER), 8800 Rockville Pike, Bethesda, MD 20892-001. For shipments of 20 or less final containers, samples need not be forwarded, provided a copy of an official release from the Center for Biologics Evaluation and Research accompanies each shipment.
[T.D. 69-210, 34 FR 14328, Sept. 12, 1969, as amended by T.D. 82-145, 47 FR 35476, Aug. 16, 1982]
The random sample shall be forwarded to the Director, CBER at one of the product specific locations listed below together with a copy of the associated documents which describe and identify the shipment.
Samples of whole blood and blood components pre-license products should be shipped by courier service and addressed to:
CBER
Building 29, Room 323
8800 Rockville Pike
Bethesda, MD
20892
Samples of Radiobiological products shall be addressed to:
Sample Custodian (ATTN. : HFM-235)
Nicholson Lane Research Center
c/o
Building 21
National Institutes of Health
Bethesda, MD 20892
Samples of all other biological products (including those for release action, in support of product release license or an amendment there to or complaint sample) shall be addressed as follows:
1. Shipped by Courier Service:
Sample Custodian (ATTN. : HFM-235)
CBER
BLDG: NLCR-B, Room 113
5516
Nicholson Lane
Kensington, MD 20892
2. Shipped by U.S. Mail
Sample Custodian (ATTN. : HFM-235)
CBER
1401 Rockville
Pike
Rockville, MD 20852-1448
'
12.23 Detention; examination; disposition.(a) District directors shall detain all importations of unlicensed viruses, therapeutic serums, toxins, antitoxins, and analogous products and arsphenamine or its derivatives (or any other trivalent organic arsenic compound) for the treatment or cure of diseases or injuries of man pending examination by the Director, CBER, unless satisfied from evidence furnished at the time of entry that the products are intended solely for purposes of controlled investigation and not for sale, barter, or exchange, as evidenced by a copy of a filed "Notice of Claimed Investigational Exemption for a New Drug," pursuant to section 312.1 of the Code of Federal Regulations (21 CFR 312.1), or are being imported under the short supply provisions of section 601.22 of the Code of Federal Regulations (21 CFR 601.22).
(b) If the shipment is imported for sale, barter, or exchange and is found by the Director, CBER, to be admissible, the district director shall release it upon receipt of a report from the Director, CBER, that the shipment is admissible.
(c) If the Director, CBER, reports that the shipment was found upon examination not to conform to the law and the regulations, the district director shall not release the shipment but shall permit the exportation or destruction thereof under customs supervision at the option of the importer.
(d) Shipments of such products for use in the treatment of man but made from or with material of animal origin other than human shall, unless accompanied by a Department of Agriculture, Veterinary Services, Animal and Plant Health Inspection Service (APHIS) permit, be detained until proof is presented to the district director that their importation is not prohibited under 9 CFR Part 94 Part 122.
[T.D. 69-201, 34 FR 14328, Sept. 12 1969 as amended by T.D. 82-145, 47 FR 35476, Aug. 16, 1982]
21 CFR 601.33
Subpart D --Licensing of Foreign Establishments and Products
601.33 Samples for each importation
Random samples of each importation, obtained by the District Director of Customs and forwarded to the Director, CBER, shall be at least two final containers of each lot of product. A copy of the associated documents which describe and identify the shipment shall accompany the shipment for forwarding with the samples to the Director, CBER. For Shipments of 20 or less final containers, samples need not be forwarded, provided a copy of an official release from CBER accompanies each shipment.
[38 FR 32052, Nov. 20, 1973, as amended at 49 FR 23833, June 8, 1984; 55 FR 11013, Mar. 26, 1990]
21 CFR 601.22
'
601.22 Products in short supply; initial manufacturing at other than licensedestablishment.
Licenses issued to a manufacturer for an establishment shall authorize persons other than such manufacturer to conduct at places other than such establishment the initial, and partial manufacturing of a product for shipment solely to such manufacturer only to the extent that the names of such persons and places are registered with the Commissioner of Food and Drugs and he finds, upon application of such manufacturer, that (a) the product is in short supply due either to the peculiar growth requirements of the organism involved or to the scarcity of the animal required for manufacturing purposes, and (b) such manufacturer has established with respect to such persons and places such procedures, inspections, tests, or other arrangements as will assure full compliance with the applicable regulations of this subchapter related to continued safety , purity, and potency. Such persons and places shall be subject to all regulations of this subchapter except
''601.1 to 601.6, 601.9,601.10, 601.20, 601.21, 601.30 to 601.33, and ''610.60 to 610.65 of this chapter. Failure of such manufacturer to maintain such procedures, inspections, tests, or other arrangements, or failure of any person conducting such partial manufacturing to comply with applicable regulations shall constitute a ground for suspension or revocation of the authority conferred pursuant to this section on the same basis as provided in ''601.6 to 601.8 with respect to the suspension and the revocation of licenses.[42 FR 4718, Jan.25, 1977]
Letter Responding to Inquiries Regarding Importation for Trade Shows/Fairs and Exhibitions
(LETTERHEAD)
This is in response to your inquiry regarding importing articles regulated by the Food and Drug Administration (FDA) for use as exhibits in trade shows/fairs or other exhibitions.
With the exception of most meat and poultry products, all food, drugs, biologics, cosmetics, medical devices, and electronic products that emit radiation, as defined in the Federal Food, Drug, and Cosmetic (FD&C) Act and related Acts, are subject to examination by FDA when they are being imported or offered for import into the United States.
All imported products are required to meet the same standards as domestic goods. For example, imported foods must be pure, wholesome, safe to eat, and produced under sanitary conditions; drugs and devices must be safe and effective; cosmetics must be safe and made from approved ingredients; radiation-emitting devices must meet established standards; and all products must contain informative and truthful labeling in English.
GENERAL PROCEDURES
The Federal Food, Drug and Cosmetic Act (the Act), Section 801, directs FDA to refuse admission of any article that appears to be in violation of the Act.
To ensure that FDA is notified of all regulated products imported into the United States, the importer, or his/her representative, must file an entry notice with the U.S. Customs Service (Customs) and acquire a bond to allow the importer to take delivery of the goods prior to FDA's decision on the admission of the goods. FDA is notified by Customs of the entry and makes a decision as to the article's admissibility. If FDA does not wish to examine the entry, the product is allowed to proceed into the United States. When a sample of an article offered for import has been requested by FDA, the owner or consignee is required to hold the shipment and not distribute it until further notice is received regarding the results of the examination of the sample.
Generally, if FDA samples an entry, an FDA representative will collect the sample from the shipment and have it analyzed in FDA's laboratory. If the analysis shows the product in compliance, the shipment is released into United States commerce. However, if the analysis shows an appearance of a violation, the product is subject to refusal of admission. If it appears that the article is violative, FDA issues a Notice of Detention and Hearing to the owner or consignee of the article specifying a place and period of time whereby the individual may introduce testimony either verbally or in writing concerning the detention to prove that the product complies with the law, or can submit a petition to recondition the product to bring it into compliance. The owner or consignee may submit an application to FDA to relabel or perform other actions to bring the article into compliance, or render the article other than a food, drug, device, or cosmetic.
If the product cannot be brought into compliance, it is refused and the importer is required to either re-export or destroy the article under U.S. Customs or other approved supervision. If the refused product is not destroyed or re-exported, Customs issues a notice for redelivery to the importer of record. Failure to redeliver the refused product may result in Customs assessing liquidated damages equal to the value of the merchandise involved in the default or three times the value of the merchandise if the article is restricted merchandise or alcoholic beverages. All FDA regulated products are considered restricted merchandise by Customs.
ARTICLES FOR TRADE SHOWS/FAIRS AND EXHIBITIONS
When articles are being imported where the intent is to display them at an industry or consumer trade show or exhibition and all articles comply with FDA regulations, the general importing procedures as stated above should be followed. However, for non-complying articles, it may be possible for an importer or importer's agent to request release of the entry, through the FDA district office, for the sole purpose of exhibit at a trade function and providing for the supervised destruction or re-exportation of the articles at the conclusion of the function.
FDA districts generally will permit release of such articles which may not be in full compliance with U.S. laws and regulations where a placard is used at the point of display, advising that the product may not be in compliance with applicable FDA regulations and that FDA should be contacted for further information for procedures to bring the products into compliance.
When large shipments of non-complying articles, intended for promotion at a trade function, are encountered by FDA, representative products of the entry may be released for display purposes upon receipt of a request from the importer to the FDA district office. However, it will be necessary for importers of commercial size shipments of non-compliant product, if for promotion at a trade show, to request release of these types of products which will be evaluated by FDA on case by case basis.
You should contact the FDA district office where the function is to be held for further information or to submit a request for release of products for trade shows, fairs, or exhibitions.
CUSTOMS REGULATIONS
The United States Customs regulations, 19 CFR Part 147, "Trade Fairs" address entry of merchandise for exhibition and your local Customs office should be contacted regarding these requirements.
Sincerely yours,
Statement Responding to Inquiries Regarding Importation for Special Events
(The example cited below was for use by the Atlanta Committee for the Olympic Games, but a similar statement could be used for any event. A statement of this nature is intended to be made available by the committee or sponsor of the event to team officials, participants, foreign government representatives, media representatives, and fans.)
STATEMENT FOR THE USE BY
ATLANTA COMMITTEE FOR THE OLYMPIC
GAMES
(Sponsor Name) (Name of Event)
In keeping with the spirit of the Olympic games, the Food and Drug Administration (FDA) wants you to be comfortable during your stay in the United States, including having access to personal and familiar necessities. The FDA does not normally restrict foreign visitors from bringing native foods or required medications for their own use or consumption while in the United States. However, any medications or pharmaceuticals which are being brought for team use should be held under the supervision of the team physician or trainer. The amounts of both foods and medications should be commensurate with the duration of your stay. Additionally, an inventory of the food items and medications being entered should prevent any undue delay in your team's arrival.
Fans, family members, and other non-participants are also not restricted in bringing in familiar food items. However, it may be advisable to have a prescription or letter from a physician accompany necessary medications. As mentioned above, the amount of foods and medications brought in should be commensurate with the duration of your stay in the United States.
If you have any questions concerning your food or medications when you are in the United States, please contact the local FDA office.
EXAMPLE
United States Food and Drug Administration
Los Angeles District
Office
Notice of FDA Action
Entry Number: 112-9861457-6 Notice Number: 2
November 6, 1996
Filer:
FBN Freight Services Attention: George
500
Canal St.
New Orleans LA 70130
Port of Entry: 2704, Los Angeles,
Carrier: NOL RUBY
Entry Date: November 2, 1996
Arrival Date: November 4, 1996
Importer of Record: Shipley'S Donut Shop Inc., Lafayette,
LA
Consignee:
a: Shipley'S Donut Shop Inc., Lafayette, LA
b: Specialty
Commodities Inc. Fargo ND
HOLD DESIGNATED
Documents Required and Notify FDA of Availability
Summary of Current Status of Individual Lines
@ LINE
ACS/FDA Product Description Quantity Current Status
* a 001/001 PINEAPPLE, DEHYDRATED 500 CT RELEASED 11-6-96
@ LINE
ACS/FDA Product Description Quantity Current Status
* a 002/001 DEHYDRATED GINGER SLICES 10 KG Product Collected by FDA
11-06-96
@LINE
ACS/FDA Product Description Quantity Current Status
* b 003/001 PAPAYA, DEHYDRATED 10 KG Detained 11-06-96
* = Status change since the previous notice. Read carefully the sections which follow for important information regarding these lines.
@ = Consignee id
Notice of FDA Action Notice Number: 2
Entry Number: 112-9861457-6 Page:
2
FDA will not request redelivery for examination or sampling, if the products not released by FDA are moved, following USCS conditional release to a location within the local metropolitan area or to a location approved by the FDA office at the number below.
All products in this entry not listed above may proceed without FDA examination. This notice does not constitute assurance the products involved comply with provisions of the Food, Drug, and Cosmetic Act or other related acts, and does not preclude action should the products later be found violative.
Please provide documentation concerning all products in this entry to the FDA office below. Include the USCS document (eg. CF-3461 or CF-7501) and commercial invoice for these products, annotated to show the ACS/FDA line numbers sent electronically.
Also, advise FDA upon actual availability, and include date, location, and warehouse control number, where applicable, for all lines in this entry.
Jennifer A Thomas, Inspector
U.S. Food & Drug Administration
(213-555-1212)
2nd and Chestnut Streets (HFR-MA100)
Philadelphia, PA 19106
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
DETENTION WITHOUT EXAMINATION
The following products are subject to refusal pursuant to the Federal Food Drug and Cosmetic Act (FD&CA), Public Health Service Act (PHSA), or other related acts in that they appear to be adulterated, misbranded or otherwise in violation as indicated below:
LINE
ACS/FDA Product Description Respond By
003/001 Product: PAPAYA, DEHYDRATED November 26, 1996
FD&CA Section 402(a)(1), 801(a)(3); ADULTERATION
The article appears to be held in a container containing a poisonous or deleterious substance which may render it injurious to health.
FD&CA Section 402(a)(2)(B), 801(a)(3); ADULTERATION
The article appears to be a raw agricultural commodity that bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) . The article appears to contain quinalphos.
U. S. Food & Drug Administration
Notice of FDA Action Notice
Number: 2
Entry Number: 112-9861457-6 Page: 3
You have the right to provide oral or written testimony, to the Food & Drug Administration, regarding the admissibility of the article(s) or the manner in which the article(s) can be brought into compliance. This testimony must be provided to FDA on or before the dates shown above.
SAMPLES COLLECTED
LINE
ACS/FDA Product Description Est. Cost
001/001 PINEAPPLE, DEHYDRATED $ 15.00
Sample: 10 KG Collected 1 KG from
each of 10 cartons
LINE
ACS/FDA Product Description Est. Cost
002/001 DEHYDRATED GINGER SLICES $ .23
Sample: .1 KG Collected approximately 4 ounces from one carton.
LINES RELEASED
LINE
ACS/FDA Product Description
001/001 PINEAPPLE, DEHYDRATED
These products are released. This notice does not constitute assurance that the product released complies with all provisions of the Food, Drug, and Cosmetic Act, or other related Acts, and does not preclude action should the product later be found violative.
Notice Prepared by: Thomas J DiNunzio (QA5)
U.S. Food & Drug
Administration