Shipment of beans

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Question

Your company buys beans for further processing into soup. You discover that a shipment of beans to you contains a residue for a pesticide that was never submitted to EPA for use on beans. The seller provides you will evidence that the residue level is absolutely safe and less than one-hundredth of the quantity permitted on peas. In addition, the residue level is well below the amount permitted under EU law and found safe by the Food and Agriculture Organization and the World Health Organization. What is your conclusion regarding the status of the beans under the Food, Drug, and Cosmetic Act (FDCA)? Question 3 options: The beans may be adulterated, but because you are processing the beans into soup, your only concern is whether the soup will be with the FDA tolerance. The beans are not adulterated because the amount is below the tolerance for peas. The beans may be adulterated but the seller is responsible for any adulteration, and the beans may be used in the processed food so long as the final product does not violate FDCA 402(a)(1) for added substances. The beans are not adulterated so long as they are safe. The beans are adulterated because.

Reference no: EM133672073

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