CPG Sec. 550.300 Dates and Date Material; 
Imported and Domestic - Adulteration Involving 
Mold, Insect Excreta, Sour, Dirty, Worthless 
and Pits
 
REGULATORY ACTION GUIDANCE: 
The following represents the criteria for direct reference seizure *requests to the Office of 
Human and Animal Food Operations (OHAFO) in consultation with the Office of Enforcement 
and Import Operations (OEIO) and CFSAN*,  direct reference citation requests, and detention of 
imported products by the appropriate *Field Office within the Human and Animal Food 
Program*: 
A.  Dates - (Whole or Pitted) - Mold, dead insects, insect excreta, sour, dirty and worthless 
(e.g., mite infested, immature, grossly fibrous or woody, etc.) dates.  
The sample (collected according to criteria in Table II), examined in accordance with the 
sequential analysis plan of Table I, shows a number of reject dates that meets or exceeds the 
indicated reject number. 
See FDA Technical Bulletin Number 5, Macroanalytical Procedures Manual, pages V-53 
through V-58 for (1) definitions of reject dates, (2) methodology for determining rejects, and (3) 
reporting requirements (including findings chart). 
B.  Pitted Dates - Pits  
The dates contain an average of 2 or more pits and/or pit fragments 2 mm or longer measured in 
the longest dimension per 100 dates. 
C.  Date Material (Chopped, Sliced or Macerated) - Dead Insects, Pits 
Examination of 100 gram representative portions from each subsample collected according to 
procedures in Table II, shows the following: 
1.  One or more subs contain 10 or more dead insects (whole or equivalent);  
or 
2.  The dates contain an average of 5 or more dead insects (whole or equivalent) per 100 
grams;  
or  3.  The dates contain an average of 2 or more pits and/or pit fragments 2 mm or longer 
measured in the longest dimension per 900 grams. 
REMARKS: 
1.  Methodology  
FDA Technical Bulletin Number 5, Macroanalytical Procedures Manual, is published and 
distributed by an organization outside of FDA. As a result, simultaneous revision of both the 
manual and this Compliance Policy Guide cannot always be arranged and there may be times 
when the manual contains an outdated plan. Therefore, if the manual plan (on page V-56, section 
(4)(b)) differs from the plan in Table II of this guide use the plan in this guide in lieu of the 
manual plan. 
2.  Imports  
According to the current agreement *(MOU, FDA 225-72-2001,* signed 11/19/85) with USDA, 
FDA will examine date material, dates declared for processing, and those dates that are packaged 
or declared for packaging in lots of 70 lbs. or less. USDA will examine packaged dates or dates 
declared for packaging in lots of over 70 lbs. 
Notify the appropriate USDA field office when: 
1.  USDA findings on a lot are not accepted by FDA. 
2.  A lot of dates, previously declared for processing and subsequently detained by FDA, 
might be reentered for packaging or other purposes. 
SPECIMEN CHARGE: 
1.  Pits:  
Article adulterated when introduced into and while in interstate commerce within the meaning of 
*21 U.S.C. 342(b)(2),* in that a substance, namely pits, has been substituted in part for pitted 
dates. 
2.  Insects, Moldy, Sour, Decomposed, Worthless:  
Article adulterated (when introduced into and while in interstate commerce) (while held for sale 
after shipment in interstate commerce), within the meaning of 21 U.S.C. 342(a)(3), in that it 
consists in part of a (filthy) (decomposed) substance by reason of the presence therein of 
(insects/insect fragments/insect excreta) (moldy/sour/decomposed/worthless dates). 
NOTE: Only use direct reference citation authority when prosecution is anticipated and evidence 
to support a prosecution is included with the adulteration charge. Evidence necessary to support 
a prosecution is specified in existing regulatory procedures issuances.    
TABLE I 
   Sequential Analysis Plan for Dates 
   Number of Defective Dates 
Number of 
Accept (at or below)  Continue Analysis  Reject (at or above) 
Dates Examined1 
100  1  2-7  8 
200  5  6-12  13 
300  10  11-17  18 
400  14  15-21  22 
500  18  19-25  26 
600  23  24-30  31 
700  27  28-34  35 
800  34  -  35 
*1Product is to be selected at random and as nearly equal in number as practical from each 
subsample in the sample.* 
 
 
 
 
 
 
 
     Sequential Analysis Plan for Dates 
   Number of Defective Dates 
Number of 
Accept (at or below)  Continue Analysis  Reject (at or above) 
Dates Examined1 
 
 
 
  TABLE II 
SAMPLE COLLECTION CRITERIA 
A.  Random sample all lots of:  
1.  Whole Dates, 70 pounds or less, or declared for use in processing. 
2.  Date Material (chopped, sliced and macerated dates) being submitted for entry. 
NOTE: See Investigations Operations Manual, Subsection *427.04(c) and 
536.01* for examining and reporting on live insect infestation. 
B.  Determine number of subsamples to collect on the basis of lot size from the following 
chart:  
NUMBER OF CONTAINERS1 IN THE LOT 
Number of Subsamples Required 
Number of Containers In the Lot 
Whole Dates  Date Material 
100 or less  3  4 
101-600  8  6 
601-1200  14  8 
1201-2000  26  10 
2001-2800  36  12 
2801-6000  44  14 
6001-9600  56  16 
9601-15000  68  18 
Over 15000  82  22 
 1 NOTE: Chart is based upon unit containers weighing between 20 pounds and 100 pounds. 
Should containers exceed 100 pounds, consider as 2 or more containers. For example, a 150-
pound container would be 2 containers and a 300-pound container, 3 containers. 
C.  Each subsample should consist of 300-400 dates or a 3-pound chunk. Bag subs separately 
and identify. 
* Material between asterisks is new or revised*  Issued: 10/1/80 
Revised: 11/1/81, 5/1/83, 2/1/86, 6/1/86, 5/2005 
Updated: 11/29/05