FDA Import
Detention Testing

Fast, Accredited Analysis to Release Your Shipment from Detention Without Physical Examination (DWPE). We handle sampling, FDA import detention testing, and FDA data submission.

Accreditation

FDA LAAF Recognized

Turnaround

Rush Services Available

Submission

Direct FDA Data Packet

Stop Demurrage Fees & Save Your Shipment

When the FDA issues a Notice of FDA Action, your container is stuck at the port, and daily storage fees (demurrage) start piling up. You have a limited window to prove your product is safe or face destruction/re-export.
AGT Food Labs specializes in "Detention Without Physical Examination" (DWPE) releases and expert FDA import detention testing. As an FDA LAAF-Accredited Laboratory, we deploy neutral third-party samplers to the warehouse, analyze the samples for the "Red List" violation, and submit the complete compliance packet directly to the FDA compliance officer.

The Release Process

We manage the entire FDA import detention testing workflow to get your "May Proceed" notice faster.

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01. Notice Review

Email us your "Notice of Action." We confirm the specific Import Alert # and violation code (e.g., 99-19 for Salmonella).

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02. Third-Party Sampling

The FDA requires a neutral party to pull samples. We dispatch a sampler to the bonded warehouse to collect samples per FDA protocol.

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03. Rush Analysis

Samples enter our "Priority Queue" for rapid FDA import detention testing (Pesticides, Filth, Salmonella) to minimize your port fees.

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04. FDA Submission

We compile the full LAAF Lab Package (methods, chromatograms, sampling report) and submit it directly to the FDA system.

Common Violations Requiring FDA Import Detention Testing

We test for all major violations affecting spices, seafood, produce, and processed foods.

FDA Import Detention Testing for Pesticide Residues

Import Alert 99-05 / 99-08

Pesticide Residue Violations

The most common detention for fresh produce and grains. FDA detains products containing pesticides not registered in the US or exceeding EPA tolerances (40 CFR 180), triggering the need for FDA import detention testing.

Target Commodities:

Basmati Rice (Tricyclazole)
Chili Peppers (Chlorpyrifos)
Tea & Dried Herbs

Import Alert 99-19

Filth & Extraneous Matter

Common for spices, mushrooms, and grains. The FDA holds products suspected of containing "Filth" (insect fragments, rodent hairs, or sand). We perform Macroscopic and Microscopic Light Filth Analysis (AOAC 965.38) to prove your product meets Defect Action Levels.

FDA Import Detention Testing for Salmonella

Import Alert 99-19 / 16-81

Salmonella & Pathogens

A "Red Light" issue for Spices, Coconut, and Seafood (Alert 16-81). We use FDA BAM Chapter 5 cultural methods (the only method accepted for detention removal) to confirm the absence of Salmonella in your shipment.

Decomposition: For seafood (Tuna/Mahi), we also test for Histamine (Import Alert 16-105) and Indole to prove freshness.

Import Alert 45-02

Illegal Food Colors & Additives

Detentions often occur due to undeclared or illegal dyes (like Sudan Red in palm oil/chili or Ponceau 4R in candy). We screen for non-permitted color additives to verify compliance with FDA Code of Federal Regulations (CFR).

Why You Need a "LAAF" Accredited Lab for FDA Import Detention Testing

The FDA now mandates that certain food testing must be performed by LAAF-accredited laboratories.

Mandatory Acceptance

Under the FSMA Final Rule on Laboratory Accreditation, data for specific import alerts is only accepted from LAAF-accredited bodies like AGT Labs for FDA import detention testing.

Direct Submission

We have the capability to submit the full analytical package (including raw data and QC charts) directly to the FDA, reducing back-and-forth delays.

Removal Petition

We help you get off the Red List. After 5 consecutive clean shipments tested by us, we can assist in filing the petition for removal from DWPE.

Frequently Asked Questions

Urgent answers for importers dealing with FDA holds.

What is a Notice of FDA Action?

A "Notice of FDA Action" is a document issued by the FDA indicating that your shipment has been detained. It specifies the "Section 801(a)" violation (e.g., Salmonella, Pesticides) and gives you an opportunity to provide testimony (lab results) via FDA import detention testing to prove the product is safe.

How to get off FDA Red List (Import Alert)?

To get off the Red List (DWPE), you must demonstrate a pattern of compliance. Typically, the FDA requires a minimum of 5 consecutive commercial shipments to test clean. AGT Labs tracks these shipments and provides the data packets needed for your "Petition for Removal."

Can I move my container during detention?

Yes, but only with FDA permission. You can file for an IT (Immediate Transportation) or movement permit to move the container from the expensive port terminal to a bonded warehouse. However, the goods remain under "FDA Bond" and cannot be distributed until released.

What is FDA Form 766 (Reconditioning)?

If your product fails for a correctable reason (like a labeling error or sortable defect), you can submit Form 766 to propose a plan to fix ("recondition") the product. For example, relabeling a package or sorting out damaged grain. We can re-test the product after reconditioning to prove it is now compliant.

What is DWPE?

DWPE stands for Detention Without Physical Examination. If a shipper or product is on the "Red List," the FDA automatically detains the shipment without checking it first. The burden of proof is on YOU (the importer) to conduct FDA import detention testing and prove it is safe before it can be released.

Can I take the sample myself to save money?

No. The FDA strictly rejects samples collected by the importer because of conflict of interest. You MUST hire an unbiased third party (like AGT Labs or a professional sampler) to collect the sample from the bonded warehouse to maintain Chain of Custody.

How fast is your FDA import detention testing?

We know you are paying daily storage fees. Once we receive the sample, our Rush Turnaround for pesticides/filth is typically 48-72 hours. Microbiology (Salmonella) takes longer (5 days) due to biological incubation times that cannot be rushed.

What happens if the test fails?

If the sample fails testing (e.g., contains Salmonella), the FDA will refuse entry. You generally have two options: 1. Destroy the product under FDA supervision, or 2. Re-Export it to a country where it is compliant. In some cases (like labeling errors), "Relabeling/Reconditioning" is allowed.

Is Your Container Stuck?

Don't let demurrage fees eat your profit. Contact us immediately for Rush FDA Import Detention Testing.