FDAImports.com successfully obtained an FDA Release of an entry of dates which contained an adulterating pesticide, even though the law technically prohibits bringing foods adulterated with pesticides into the United States.
The Environmental Protection Agency establishes pesticide- and food-specific thresholds, called tolerances, viz., the maximum amount of pesticide a product may contain and yet be legal to offer for sale in the U.S. If EPA has not established a tolerance for a particular pesticide on a particular food, then the law gives FDA the right to detain the food at the port of entry and refuse it entry to the United States if any amount of the pesticide on that food – no matter how small – is detected. EPA has not established a tolerance for Fenvalerate on pitted dates, so FDA correctly detains and refuses pitted dates that test positive for Fenvalerate residue.
When our client’s shipment of pitted dates tested positive for Fenvalerate, FDA detained it as adulterated, as expected. However, the team at FDAImports.com was able to successfully argue that FDA did not consider other regulatory exceptions that would allow the dates to be FDA Released, and FDA released the shipment, allowing the dates to reach the customer without significant delay.
If you have a detained or refused entry, don’t assume that FDA’s reasoning is correct. Contact our team of experienced professionals to review your case.
