FDA refusal charge REFUSE EI: refused establishment inspection

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The REFUSE EI charge appeared in 55 FDA import refusals between 2020 and 2026 — 0.3% of the 19,123 refusals that identify a hazard. The origins cited most often are China, South Korea, India. The most-affected product category is Candy Without Chocolate, Candy Specialties, and Chewing Gum. Volume in 2025 was up 367% on 2024.

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What FDA's charge says

REFUSE EI 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)(1) in that the article appears to have been manufactured, processed, or packed under insanitary conditions.

Sections 801(a)(1); INSANITARY MANUFACTURING, PROCESSING OR PACKING

REFUSE EI refusals by year

YearRefusalsYoY
20202—
20211-50.0%
20221+0.0%
20233+200.0%
20243+0.0%
202514+366.7%
202631—YTD
Total55

Origins most often refused under REFUSE EI

#Origin countryRefusals
1China16
2South Korea14
3India7
4Brazil6
5Taiwan4
6Mexico3
7Oman2
8Italy1
9Japan1
10Poland1

Product categories refused under REFUSE EI

#Product categoryRefusals
1Candy Without Chocolate, Candy Specialties, and Chewing Gum8
2Fruit and Fruit Products6
3Fishery/Seafood Products5
4Spices, Flavors, and Salts5
5Vegetables and Vegetable Products5
6Snack Food Items (Flour, Meal, or Vegetable Base)4
7Macaroni and Noodle Products3
8Multiple Food Dinners, Gravies, Sauces, and Specialties (Total Diet)3
9Nuts and Edible Seeds3
10Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans3
11Baby (Infant and Junior) Food Products1
12Bakery Products, Doughs, Bakery Mixes, and Icings1
13Dietary Conventional Foods and Meal Replacements1
14Dressings and Condiments1
15Food Additives - for Human Use1

Latest refusals citing REFUSE EI

About REFUSE EI

What does the FDA import refusal charge REFUSE EI mean?

FDA uses REFUSE EI for: refused establishment inspection. Its published charge language reads: “The article is subject to refusal of admission pursuant to Section 801(a)(1) in that the article appears to have been manufactured, processed, or packed under insanitary conditions.”

Is REFUSE EI a food safety finding?

Yes. This site counts REFUSE EI 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 REFUSE EI?

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.