21 C.F.R. 1.90 - Notice of sampling

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5 practice notes
  • Submission of Food and Drug Administration Import Data in the Automated Commercial Environment
    • United States
    • Federal Register July 01, 2016
    • July 1, 2016
    ...the definition of owner or consignee in order to make that definition consistent with Title 19 of the U.S. Code. We also propose to revise 21 CFR 1.90 to allow FDA to provide notice of sampling directly to an owner or consignee. Additionally, we propose to revise 21 CFR 1.94 to clarify that......
  • United States v. Izurieta, No. 11–13585.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 22, 2013
    ...§ 381. Under the regulations, an importer may be required to make the held goods available for inspection. See19 C.F.R. § 141.113(c); 21 C.F.R. § 1.90. Ultimately, if the goods are found to be adulterated, the FDA may demand under the applicable regulation that the goods be “redelivered” to......
  • U.S. v. Toshoku America, Inc., Nos. 88-1221
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 30, 1989
    ...21 U.S.C. Sec. 381(a)(3) (1982), which concerns adulterated food. In Page 819 such a case, the FDA will issue a Notice of Sampling, 21 C.F.R. Sec. 1.90, and often a Notice of Detention and Hearing, 21 C.F.R. Sec. 1.94. If the importer does not respond to the Notice of Detention within ten d......
  • U.S. v. Imperial Food Imports, No. 87-1330
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • December 8, 1987
    ...with 21 U.S.C. Sec. 381(a)(3) (1982), which concerns adulterated food. In such a case, the FDA will issue a Notice of Sampling, 21 C.F.R. Sec. 1.90, and often a Notice of Detention and Hearing, 21 C.F.R. Sec. 1.94. If the importer does not respond to the Notice of Detention within ten days,......
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4 cases
  • United States v. Izurieta, No. 11–13585.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 22, 2013
    ...§ 381. Under the regulations, an importer may be required to make the held goods available for inspection. See19 C.F.R. § 141.113(c); 21 C.F.R. § 1.90. Ultimately, if the goods are found to be adulterated, the FDA may demand under the applicable regulation that the goods be “redelivered” to......
  • U.S. v. Toshoku America, Inc., Nos. 88-1221
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 30, 1989
    ...21 U.S.C. Sec. 381(a)(3) (1982), which concerns adulterated food. In Page 819 such a case, the FDA will issue a Notice of Sampling, 21 C.F.R. Sec. 1.90, and often a Notice of Detention and Hearing, 21 C.F.R. Sec. 1.94. If the importer does not respond to the Notice of Detention within ten d......
  • U.S. v. Imperial Food Imports, No. 87-1330
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • December 8, 1987
    ...with 21 U.S.C. Sec. 381(a)(3) (1982), which concerns adulterated food. In such a case, the FDA will issue a Notice of Sampling, 21 C.F.R. Sec. 1.90, and often a Notice of Detention and Hearing, 21 C.F.R. Sec. 1.94. If the importer does not respond to the Notice of Detention within ten days,......
  • Del Monte Fresh Produce N.A. Inc v. U.S.A, Civil Action 08-02161(HHK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • April 19, 2010
    ...give to the owner or consignee prompt notice of delivery of, or intention to deliver, such sample.” Food and Drugs, Imports and Exports, 21 C.F.R. § 1.90; see also 21 U.S.C. § 381(a) (requiring such notice to the importer). The owner of the article “shall hold such article and not distribut......

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