CSMS Message: 08-000164

Title:OGA-FDA Transmission of Grower as FDA Manufacturer and New FDA Product Codes for Serrano and Jalapeno Peppers
Date:2008-08-21
To:abi
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To: ALL ABI FILERS

The Food and Drug Administration (FDA) has increased sampling of imported basil, cilantro, and Serrano and jalapeno peppers. A review of entry declarations indicates that a co-op or consolidator is frequently being declared as the FDA manufacturer for many raw agricultural commodities.

FDA urges all filers and importers of record to identify the actual grower for all unprocessed agricultural commodities. Filers should transmit a Manufacturer ID (MID) for the grower as the FDA manufacturer. The MID selected or built should provide the most accurate name and address information available for the grower. Although they can be the same entity, the FDA manufacturer is different than the shipper, which is the party responsible for packing, consolidating, or arranging the shipment of foods to their final destination.

Failure to provide the grower may hinder the import review process because FDA uses this information to make admissibility decisions. In addition, having information about the grower helps FDA to better target its import regulatory actions, such as when it issues an Import Alert for Detention Without Physical Examination or a field assignment for increased surveillance of a commodity.

The description for FDA product code 24F[][]08 - Peppers, Hot (Fruit Used as Vegetable) has been changed to Peppers, Hot, N.E.C. (Fruit Used as Vegetable). As with other FDA product codes N.E.C. means Not Elsewhere Classified. Two new product codes have been added. The brackets should be filled with the appropriate subclass and process indicator code (PIC).

24F[][]12 – Jalapeno Peppers (Fruit Used as Vegetable)
24F[][]13 – Serrano Peppers (Fruit Used as Vegetable)

Please start using these new codes immediately to identify shipments of jalapeno and serrano peppers. For now use 24F[][]08 to identify other hot peppers. The commercial description transmitted should provide a clear description of the invoiced product.

Contact FDA's Division of Import Operations and Policy at (301) 443-6553 with any questions about this message.