Topic Overview
Chemical contaminants — including mycotoxins (aflatoxin, fumonisin, vomitoxin), histamine (scombroid poisoning), and other poisonous/deleterious substances — are charged under Section 402(a)(1) of the FD&C Act. These are laboratory-confirmed violations, distinct from visual/appearance-based charges. For pet food ingredients (grains, dried fish, protein meals), chemical contamination is a persistent supply-chain risk.
> ⚠️ Data Note: Built from official charge code taxonomy. Live refusal counts by country require Qlik Sense dashboard session.
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1. Histamine (HISTAMINE)
Charge Code: HISTAMINE Legal Basis: Section 402(a)(1), 801(a)(3); ADULTERATION Charge Statement (verbatim from CSV):
> "The article appears to bear or contain histamine, a poisonous and deleterious substance in such quantity as ordinarily render it injurious to health."
Why It Matters for Pet Food:
- Histamine poisoning ("scombroid poisoning") occurs in dark-meat fish — tuna, mahi-mahi, mackerel, sardines — commonly used in pet food and fish jerky treats
- Fish not properly refrigerated after catch rapidly produce histamine via bacterial decarboxylation
- Dogs are particularly susceptible to histamine toxicity from spoiled fish products
- FDA has a histamine action level of 50 ppm for fish; any detectable elevated level triggers refusal
Snippet from official CSV: `` CODE: HISTAMINE SECTION: 402(a)(1), 801(a)(3); Adulteration TEXT: The article appears to bear or contain histamine, a poisonous and deleterious substance in such quantity as ordinarily render it injurious to health. ``
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2. Aflatoxin (AFLATOXIN)
Charge Code: AFLATOXIN Legal Basis: Section 402(a)(1), 801(a)(3); ADULTERATION Charge Statement (verbatim from CSV):
> "The article appears to contain a mycotoxin, a poisonous and deleterious substance which may render it injurious to health."
Why It Matters for Pet Food:
- Aflatoxin B1 — produced by *Aspergillus flavus/parasiticus* — is one of the most potent natural carcinogens known
- Common in corn, peanuts, cottonseed meal — staple ingredients in many pet food formulations
- Dogs are extremely sensitive to aflatoxin (2007 Diamond Pet Foods recall: 76 deaths from aflatoxin-contaminated corn)
- FDA has strict action levels: total aflatoxins ≤ 20 ppb for human food; pet food follows same threshold
Snippet from official CSV: `` CODE: AFLATOXIN SECTION: 402(a)(1), 801(a)(3); ADULTERATION TEXT: The article appears to contain a mycotoxin, a poisonous and deleterious substance which may render it injurious to health. ``
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3. General Mycotoxin (MYCOTOXIN)
Charge Code: MYCOTOXIN Legal Basis: Section 402(a)(1), 801(a)(3); ADULTERATION Charge Statement (verbatim from CSV):
> "The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to bear or contain a poisonous and deleterious substance..."
Why It Matters:
- Covers the full mycotoxin family: aflatoxins, ochratoxin A, fumonisins, T-2 toxin, vomitoxin (DON)
- Corn, wheat, barley, and rice by-products used in pet food are all mycotoxin-susceptible
- Import refusals for mycotoxins often involve corn gluten meal, DDGS (distillers grains), rice bran from China, India, Brazil
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4. Other Chemical Contaminant Charges
EXCESS SUL — Excessive Sulfites
- Code:
EXCESS SUL - Basis: 402(a)(1), 801(a)(3); ADULTERATION
- Statement: "The article appears to contain excessive sulfites, a poisonous and deleterious substance which may render it injurious to health."
- Pet food relevance: Sulfites used as preservatives in dried fruits, shrimp; banned in pet foods containing meat
PB-FOOD — Poisonous/Deleterious Substance
- Code:
PB-FOOD - Basis: 402(a)(1); 801(a)(3); ADULTERATION
- Statement: "The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to contain a poisonous or deleterious substance..."
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5. Regulatory Thresholds
| Contaminant | Product | FDA Action Level / Tolerance |
|---|---|---|
| Aflatoxin B1 | Human food & pet food | ≤ 20 ppb total |
| Histamine | Scombroid fish | ≥ 50 ppm (concern level) |
| Ochratoxin A | Wheat, barley, raisins | ≤ 20 ppb |
| Fumonisin B1+B2 | Corn | ≤ 2–4 ppm (varies by use) |
| Sulfites | Various | Not permitted in meat/fish |
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Source: ACT_SECTION_CHARGES-20260721.csv