FDA refusal charge POISONOUS: poisonous or deleterious substance
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The POISONOUS charge appeared in 935 FDA import refusals between 2020 and 2026 — 4.9% of the 19,123 refusals that identify a hazard. The origins cited most often are China, India, Mexico. The most-affected product category is Vegetables and Vegetable Products. Volume in 2025 was up 38% on 2024.
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What FDA's charge says
POISONOUS is the code FDA prints on a refusal; below is the charge language FDA publishes for it, quoted from its charge table, with the sections of the FD&C Act it cites.
The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to bear or contain a poisonous or deleterious substance which may render the article injurious to health. Contains:
listeria (test^ ddd
POISONOUS refusals by year
| Year | Refusals | YoY | |
|---|---|---|---|
| 2020 | 90 | — | |
| 2021 | 98 | +8.9% | |
| 2022 | 115 | +17.3% | |
| 2023 | 138 | +20.0% | |
| 2024 | 143 | +3.6% | |
| 2025 | 198 | +38.5% | |
| 2026 | 153 | — | YTD |
| Total | 935 |
Origins most often refused under POISONOUS
| # | Origin country | Refusals |
|---|---|---|
| 1 | China | 306 |
| 2 | India | 137 |
| 3 | Mexico | 87 |
| 4 | South Korea | 75 |
| 5 | Vietnam | 45 |
| 6 | Canada | 33 |
| 7 | Turkey | 27 |
| 8 | Chile | 19 |
| 9 | Taiwan | 19 |
| 10 | Thailand | 18 |
| 11 | Guatemala | 14 |
| 12 | Pakistan | 14 |
| 13 | Egypt | 12 |
| 14 | United Arab Emirates | 9 |
| 15 | Albania | 8 |
| 16 | Colombia | 8 |
| 17 | Ecuador | 7 |
| 18 | Poland | 7 |
| 19 | El Salvador | 6 |
| 20 | Lebanon | 6 |
| 21 | Bangladesh | 5 |
| 22 | France | 5 |
| 23 | Hong Kong | 5 |
| 24 | Italy | 5 |
| 25 | Japan | 5 |
| 26 | Myanmar | 5 |
| 27 | Philippines | 5 |
| 28 | Brazil | 4 |
| 29 | Malaysia | 4 |
| 30 | Russia | 4 |
Product categories refused under POISONOUS
| # | Product category | Refusals |
|---|---|---|
| 1 | Vegetables and Vegetable Products | 171 |
| 2 | Fruit and Fruit Products | 128 |
| 3 | Bakery Products, Doughs, Bakery Mixes, and Icings | 101 |
| 4 | Spices, Flavors, and Salts | 95 |
| 5 | Snack Food Items (Flour, Meal, or Vegetable Base) | 80 |
| 6 | Nuts and Edible Seeds | 71 |
| 7 | Fishery/Seafood Products | 50 |
| 8 | Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans | 49 |
| 9 | Cheese and Cheese Products | 31 |
| 10 | Chocolate and Cocoa Products | 25 |
| 11 | Ice Cream and Related Products | 22 |
| 12 | Candy Without Chocolate, Candy Specialties, and Chewing Gum | 21 |
| 13 | Milk, Butter, and Dried Milk Products | 14 |
| 14 | Multiple Food Dinners, Gravies, Sauces, and Specialties (Total Diet) | 14 |
| 15 | Whole Grains, Milled Grain Products, and Starch | 13 |
Latest refusals citing POISONOUS
- 8NP-0813097-7 WHOLE SPICE, N.E.C.From Thailand, Spices, Flavors, and Salts. poisonous or deleterious substance
- FS2-2601345-6 PRUNES (DRIED PLUMS) (PIT FRUIT)From Taiwan, Fruit and Fruit Products. poisonous or deleterious substance
- U47-2605538-5 SEAWEED, DRIED OR PASTEFrom South Korea, Vegetables and Vegetable Products. poisonous or deleterious substance
- U47-2605541-9 SEAWEED, DRIED OR PASTEFrom South Korea, Vegetables and Vegetable Products. poisonous or deleterious substance
- AEK-0813168-1 PALM NUT ARECA, ARECA NUT OR BETEL NUT, SUBTROPICAL AND TROPICAL FRUIT, DRIED OR PASTEFrom Thailand, Fruit and Fruit Products. poisonous or deleterious substancefilth
- AEK-9664840-5 BETEL NUT, IN SHELLFrom Thailand, Nuts and Edible Seeds. poisonous or deleterious substance
- AEK-9701200-7 BETEL NUT, IN SHELLFrom Thailand, Nuts and Edible Seeds. poisonous or deleterious substance
- AEK-9664727-4 BETEL NUT, IN SHELLFrom Thailand, Nuts and Edible Seeds. poisonous or deleterious substance
- U47-2605787-8 SEAWEED, DRIED OR PASTEFrom South Korea, Vegetables and Vegetable Products. poisonous or deleterious substance
- U47-2604605-3 SEAWEED, DRIED OR PASTEFrom South Korea, Vegetables and Vegetable Products. poisonous or deleterious substance
- KM6-3682531-7 BETEL NUT, SHELLEDFrom India, Nuts and Edible Seeds. poisonous or deleterious substanceunapproved new drug
- 506-7544225-0 HERBALS & BOTANICALS (NOT TEAS), N.E.C.From Albania, Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans. poisonous or deleterious substance
- 1FX-3974927-1 PALM NUT ARECA, ARECA NUT OR BETEL NUT, SUBTROPICAL AND TROPICAL FRUITFrom India, Fruit and Fruit Products. poisonous or deleterious substancepoisonous substance
- 9AR-0446026-7 SOURSOP, DRIED OR PASTEFrom Vietnam, Fruit and Fruit Products. poisonous or deleterious substance
- KM6-3681261-2 MIXED VEGETABLES, N.E.C.From India, Vegetables and Vegetable Products. poisonous or deleterious substanceno food-canning registrationno process filing
- KM6-1651805-6 MIXED VEGETABLES, N.E.C.From India, Vegetables and Vegetable Products. poisonous or deleterious substance
- AEK-2014469-6 PALM NUT ARECA, ARECA NUT OR BETEL NUT, SUBTROPICAL AND TROPICAL FRUITFrom India, Fruit and Fruit Products. poisonous or deleterious substance
- AEK-9815893-2 PALM NUT ARECA, ARECA NUT OR BETEL NUT, SUBTROPICAL AND TROPICAL FRUITFrom India, Fruit and Fruit Products. unsafe food additivepoisonous or deleterious substance
- 1FX-2930859-0 BETEL NUT, SHELLEDFrom India, Nuts and Edible Seeds. poisonous or deleterious substance
- 274-2602882-8 VEGETABLE PROTEIN PRODUCTS NOT ELSEWHERE MENTIONED, N.E.C.From China, Vegetable Protein Products (Simulated Meats). poisonous or deleterious substancemelamine
About POISONOUS
What does the FDA import refusal charge POISONOUS mean?
FDA uses POISONOUS for: poisonous or deleterious substance. Its published charge language reads: “The article is subject to refusal of admission pursuant to Section 801(a)(3) in that it appears to bear or contain a poisonous or deleterious substance which may render the article injurious to health. Contains:”
Is POISONOUS a food safety finding?
Yes. This site counts POISONOUS as a hazard finding, so a refusal citing it is on the hazard side of the hazard and paperwork split, whatever else the refusal cites.
What happens to a shipment refused under POISONOUS?
Under section 801(a) of the FD&C Act a refused entry has to be exported or destroyed, normally within 90 days of the notice of refusal. Bringing a product into compliance, for instance by relabelling, is something the importer asks FDA for before the decision is final. The notice itself and FDA's guidance govern a particular case; this page describes the published data and is not legal advice.