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  5. Radhaswamy Inc. dba Raja Foods LLC - 691816 - 01/14/2025
  1. Warning Letters

WARNING LETTER

Radhaswamy Inc. dba Raja Foods LLC MARCS-CMS 691816 —

Delivery Method:
VIA EMAIL AND UNITED PARCEL SERVICE
Product:
Food & Beverages
Recipient:
Recipient Name
Mahendra N. Kumar Patel
Recipient Title
Founder/President
Radhaswamy Inc. dba Raja Foods LLC

30 Mayfield Ave.
Edison, NJ 08837
United States

mahendra@rajafoods.com
mahendra@patelbros.com
Issuing Office:
Division of Northeast Imports

United States

January 14, 2025

WARNING LETTER
CMS # 691816

Dear Mr. Mahendra Patel,

On August 1 through 12, 2024, the Food and Drug Administration (FDA) conducted a Foreign Supplier Verification Program (FSVP) inspection of Radhaswamy Inc. dba Raja Foods LLC located at 30 Mayfield Ave. Edison, NJ 08837. This was a follow-up inspection to the initial FSVP inspection that we conducted on February 7 through March 17, 2023. These inspections were conducted to determine compliance with the requirements of section 805 of the Federal Food, Drug and Cosmetic Act (FD&C Act) (21 U.S.C. 384a) and the implementing FSVP regulation in 21 CFR part 1, subpart L.

The FSVP regulation requires that importers perform certain risk-based activities to verify that human and/or animal food they import into the United States has been produced in a manner that meets applicable U.S. food safety standards. You may find information relating to the FSVP regulation and your responsibilities to comply with the regulation through links in FDA’s FSVP web page at https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-foreign-supplier-verification-programs-fsvp-importers-food-humans-and-animals.

During the most recent inspection, we found that you are not in compliance with the requirements of 21 CFR part 1, subpart L for the foods from the foreign suppliers indicated in the attached list. Because of these significant violations, you are not in compliance with section 805 of the FD&C Act.

At the conclusion of the inspection, our investigator provided you with a Form FDA 483a FSVP Observations. We have not received your response to the Form FDA 483a issued on August 12, 2024.

Additionally, your response to the FDA 483a issued on March 17, 2023, did not include any FSVP documentation for our review. We requested that you respond within 30 working days from your receipt of our Acknowledgement Letter, dated 04/25/2023. We did not receive a response to this request.

Your significant violations of the FSVP regulation are as follows:

1. You did not develop, maintain, and follow an FSVP as required by section 805 of the FD&C Act and 21 CFR part 1.502(a). Specifically, except for mustard powder from (b)(4), you did not develop an FSVP for any of the foods you import from the foreign suppliers indicated in the attached list, including the following foods:

  • brown basmati rice from (b)(4), located in (b)(4)
  • mango mood candy from (b)(4), located in (b)(4)

The above violations are not intended to be an all-inclusive list of violations of the FSVP requirements. It is your responsibility to ensure that you are in compliance with section 805 of the FD&C Act and the implementing regulation in 21 CFR part 1, subpart L.

This letter notifies you of our concerns and provides you an opportunity to address them. If you do not adequately address this matter, we may take further action. For instance, we may take action under section 801(a)(3) of the FD&C Act (21 U.S.C. 381(a)(3)) to refuse admission of the food you import for which you appear to be in violation of section 805. We may place [the foods from the identified foreign suppliers you import into the United States] on detention without physical examination (DWPE) when you import the foods. You can find DWPE information relating to FSVP in Import Alert # 99-41 at http://www.accessdata.fda.gov/cms_ia/ialist.html. In addition, the importation or offering for importation into the United States of an article of food without the importer having an FSVP that meets the requirements of section 805 of the FD&C Act or the FSVP regulation is prohibited under section 301(zz) of the FD&C Act (21 U.S.C. 331(zz)).

Additionally, we offer the following comment:

During our inspection, you told our investigator you knew your Mung (Moong) beans from shipper (b)(4) in (b)(4) and foreign supplier (b)(4), located in (b)(4), were added to Import Alert 99-08, due to being adulterated with pesticides.

Please note that 21 CFR 1.508(a) requires that under your FSVP, you must promptly take appropriate corrective actions if you determine that a foreign supplier of food you import does not produce the food in compliance with processes and procedures that provide at least the same level of public health protection as those required under section 418 or 419 of the FD&C Act and the implementing regulations, or produces food that is adulterated under section 402 of the FD&C Act. This determination could be based on a review of consumer, customer, or other complaints related to food safety, the verification activities conducted under § 1.506 or § 1.511(c), a reevaluation of the risks posed by the food and the foreign supplier's performance conducted under § 1.505(c) or (d), or any other relevant information you obtain. The appropriate corrective actions will depend on the circumstances but could include discontinuing use of the foreign supplier until the cause or causes of noncompliance, adulteration, or misbranding have been adequately addressed. You must document any corrective actions you take in accordance with 21 CFR 1.508(a).

You should respond in writing within fifteen (15) working days from your receipt of this letter. Your response should address the specific things you are doing to correct any violations. You should include in your response documentation and information that would assist us in evaluating your corrections, (e.g., documentation of changes you made, such as a copy of your FSVP, records to demonstrate implementation of your FSVP), and any additional information that you wish to supply relevant to your compliance with the FSVP regulation. If you believe that you are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. If you cannot complete all corrections within 15 working days, you should explain the reason for your delay and state when you will correct any remaining violations.

Please send your reply to Food and Drug Administration, Attention: Tara Carmody, Compliance Officer, Division of Northeast Imports: ORAOEIONEIMPORTSWLResponses@fda.hhs.gov. Please also cc (carbon copy) Tara.Carmody@fda.hhs.gov. If you have any questions regarding this letter, you may contact Compliance Officer Carmody via email at Tara.Carmody@fda.hhs.gov. Please reference CMS # 691816 on any documents or records you provide to us and on the subject line of any email correspondence you send to us.

Sincerely,
/S/

CDR Joseph S. Tomao
Program Division Director
Division of Northeast Imports

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