WARNING LETTER
AF Import & Wholesale Co
MARCS-CMS 730187 —
May 26, 2026
Delivery Method:
Via Email
Product:
Food & Beverages
Recipient:
Recipient Name
Andy Luu
Recipient Title
President
AF Import & Wholesale Co
2201 Jefferson St
Houston
,
TX
77003-5130
United States
(b)(6), (b)(7)(C)
Issuing Office:
Office of Inspections and Investigations
United States
05/26/2026
WARNING LETTER
RE: CMS # 730187
Dear Mr. Luu:
We inspected your seafood importer establishment, located at 2201 Jefferson St, Houston, TX 77003-5130 on April 29, 2026, through April 30, 2026. We also conducted an inspection on August 28, 2019, through August 29, 2019. We found that you have serious violations of the seafood Hazard Analysis and Critical Control Point (HACCP) regulation, Title 21, Code of Federal Regulations, Part 123 (21 CFR Part 123). The specific requirements for imported fish and fishery products are set out in 21 CFR 123.12. As an importer of fish or fishery products, you must operate in accordance with the requirements of Part 123. In accordance with 21 CFR 123.12(d), there must be evidence that all fish and fishery products offered for entry into the United States have been processed under conditions that comply with 21 CFR Part 123. If assurances do not exist that the imported fish or fishery product has been processed under conditions that are equivalent to those required of domestic processors under 21 CFR Part 123, the fish or fishery products will appear to be adulterated under Section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 342(a)(4) and will be denied entry. Because our inspection identified serious violations for 21 CFR Part 123, your
(b)(4)
and
(b)(4)
are adulterated under Section 402(a)(4) of the Act (21 U.S.C. § 342(a)(4)), in that they have been prepared, packed, or held under insanitary conditions whereby they may have been rendered injurious to health. You may find the Act, the seafood HACCP regulation and the Fish and Fisheries Products Hazards & Controls Guidance through links in FDA's home page at www.fda.gov.
Your significant violations were as follows:
You do not have or have not implemented written verification procedures, product specifications and an affirmative step for ensuring that fishery products you import are processed in compliance with the Seafood HACCP regulation, as required by 21 CFR 123.12(a)(2)(ii).
This is a repeat observation from the previous inspection conducted 08/28/2019 through 08/29/2019 for the
(b)(4)
.
Specifically, you do not have written verification procedures, product specifications, and an affirmative step for the importation of
(b)(4)
of
(b)(4)
imported from
(b)(4)
on
(b)(4)
, and
(b)(4)
of
(b)(4)
imported from
(b)(4)
on
(b)(4)
.
You have not provided evidence that the fishery products you import have been processed under conditions that comply with the Seafood HACCP regulation.
Specifically, your firm imported
(b)(4)
of
(b)(4)
imported from
(b)(4)
on
(b)(4)
, and
(b)(4)
of
(b)(4)
imported from
(b)(4)
on
(b)(4)
, without providing evidence that the fishery products you actively import have been processed under conditions that comply with the Seafood HACCP regulation
We may take further action if you do not promptly correct these violations. For instance, we may take further action to refuse admission of your imported fish or fishery products under Section 801(a) of the Act (21 U.S.C. § 381(a)), including placing them on "detention without physical examination," seize your product(s) and/or enjoin your firm from further violating the Act.
You should respond in writing within fifteen (15) working days from your receipt of this letter. Your response should outline the specific things you are doing to correct these violations. You should include in your response documentation, such as HACCP and importer verification records and records that document the performance and results of your firm’s affirmative steps, or other useful information that would assist us in evaluating your corrections. If you cannot complete all corrections before you respond, you should explain the reason for your delay and state when you will correct any remaining violations.
This letter may not list all the violations at your facility. You are responsible for ensuring that your seafood importer establishment operates in compliance with the Act and the seafood HACCP regulation (21 CFR Part 123). You also have a responsibility to use procedures to prevent further violations of the Act and all applicable regulations for the fish or fishery products that you import into the United States.
Please send your reply to Food and Drug Administration, Attention: Lisa Puttonen, Compliance Officer, Division of Southwest Imports, 1201 Main Street, Suite 7200, Dallas, TX 75202. If you have any questions regarding this letter, or wish to send your response electronically, you may contact Lisa Puttonen via email at Lisa.Puttonen@fda.hhs.gov. Please reference CMS # 730187 on any documents or records you provide to us and on the subject line of any email correspondence you send to us.
Sincerely,
/S/
Todd W Cato
Program Division Director
Division of Southwest Imports
Content current as of:
07/14/2026
Regulated Product(s)
Food & Beverages