A brief description of FDA regulations and treatment of dirty, rotten, or decomposed food

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A brief description of FDA regulations and treatment of dirty, rotten, or decomposed food

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Imported conventional food, especially seafood, can sometimes present serious safety concerns. To shed light on this issue, we spoke with industry expert Daniel Hue, who emphasized that the Food and Drug Administration (FDA) classifies any food containing filthy, putrid, or decomposed elements as adulterated. This classification is governed by the Federal Food, Drug, and Cosmetic Act of 1938.

When the FDA conducts sampling, they consider multiple factors that could indicate contamination. Hue explained that these include the length of any hair found, the size of insect fragments, the distribution of contaminants in the sample, and the types of substances detected. The FDA works closely with the U.S. Department of Agriculture (USDA) and the National Marine Fisheries Service (NMFS) to implement Hazard Analysis and Critical Control Points (HACCP) regulations, which categorize foodborne health hazards into three primary types: physical, chemical, and biological hazards.

Hue pointed out that the regulations allow the FDA to set thresholds for natural or unavoidable defects in food that don’t pose health risks. While some may believe that food manufacturers only need to keep defect levels marginally below these thresholds, the reality is that the actual average defect levels are typically much lower. These defect action levels serve as indicators for when the FDA deems food adulterated, and potential enforcement actions could involve returning products to their country of origin or destroying them in the U.S.

If a product lacks a defect action level or if an inspection reveals that the defect level or type falls short of the established standards, the FDA takes a closer look. Hue noted that their team of technical and regulatory experts reviews various criteria—often in combination—to determine the severity of the findings and their implications for regulation before deciding whether to allow the product into the market.

With a wealth of consulting experience involving the FDA, USDA, and U.S. Customs, Daniel Hue has successfully navigated countless cases in this arena. For those seeking further information, United Consulting Services can be reached at 626-234-9468, located at 11030 Weaver Avenue, South El Monte, CA 91733. You can also reach out via email, visit their website at https://www.ucs.la, or connect on WeChat at danielh73.