FDA Issues Draft Guidance on Sampling Recommendations for Seafood Subject to DWPE
Constituent Update
What’s New
April 25, 2024
The FDA has reopened the comment period on the draft guidance “Recommendations for Collecting Representative Samples for Food Testing Used as Evidence for Release of Certain Fish and Fishery Products Subject to Detention Without Physical Examination (DWPE) and Removal of a Foreign Manufacturer’s Goods from DWPE,” Submit either electronic or written comments on the draft guidance by June 25, 2024, to ensure that we consider your comment on the draft guidance before we begin work on the final version of the guidance. For more information, see the Federal Register Notice announcing the reopening of the comment period.
Original Constituent Update
February 9, 2024
The U.S. Food and Drug Administration (FDA) today issued draft guidance for industry titled “Recommendations for Collecting Representative Samples for Food Testing Used as Evidence for Release of Certain Fish and Fishery Products Subject to Detention Without Physical Examination (DWPE) and Removal of a Foreign Manufacturer’s Goods from DWPE.” The draft guidance provides recommendations for collecting representative samples for seafood products subject to Detention Without Physical Examination (DWPE) under an Import Alert because of the appearance of adulteration caused by pathogens, unlawful animal drugs, scombrotoxin (histamine), and/or decomposition.
The draft guidance, once finalized, will help foreign manufacturers and other processors of seafood products subject to DWPE submit evidence to the FDA to support a request to have their products removed from DWPE.
This guidance addresses the concern that industry may experience challenges in supporting their arguments about the safety of seafood products subject to DWPE.
The intent of this draft guidance is to clarify the FDA’s thinking on when the appearance of adulteration may be removed, while giving industry the tools it needs to help support importation.
To Submit Comments
Comments on the draft guidance should be submitted within 60 days after publication in the Federal Register. Submit electronic comments to www.regulations.gov to docket number FDA-2023-D-5303. Written comments should be submitted to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. All written comments should identify the docket number FDA-2023-D-5303.
Additional Information
- Federal Register Notice for the Draft Guidance
- Draft Guidance for Industry: Recommendations for Collecting Representative Samples for Food Testing Used as Evidence for Release of Certain Fish and Fishery Products Subject to Detention Without Physical Examination (DWPE) and Removal of a Foreign Manufacturer’s Goods from DWPE
- Seafood Guidance Documents & Regulatory Information
- More on Seafood from FDA