Delicias Del Country USA Inc

WARNING LETTER Delicias Del Country USA Inc MARCS-CMS 709970 — July 16, 2025 More Warning Letters Warning Letters About Warning and Close-Out Letters Delivery Method: Via Express Delivery Product: Food & Beverages Recipient: Recipient Name David B Trevino Recipient Title Owner Delicias Del Country USA Inc 1705 E Del Mar Blvd Ste A-113 Laredo , TX 78041-6586 United States (b)(6) Issuing Office: Division of Southwest Imports United States July 16, 2025 WARNING LETTER Re: CMS # 709970 Dear Mr. David B Trevino: On 3/10-24/2025, Food and Drug Administration (FDA) conducted a Foreign Supplier Verification Program (FSVP) inspection of Delicias Del Country USA Inc located at 1705 E Del Mar Blvd Ste A-113 Laredo, TX 78041-6586. We also conducted an inspection on 3/10-22/2023.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 you import. 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 acknowledge receipt of your response, dated 3/24/2025, in which you stated that your company is planning to take FSVP training on (b)(4) and should have an FSVP program in place within the next 6-8 months. We are unable to evaluate the adequacy of your response because you have not provided any supporting documentation demonstrating your corrective actions. To date, no additional FSVP documents have been received by FDA. Your significant violations of the FSVP regulation are as follows: You did not develop, maintain, and follow an FSVP as required by section 805 of the FD&C Act and 21 CFR 1.502(a). Specifically, you did not develop an FSVP for any of the foods you import, including each of the following foods: Turtle Pie (b)(4) , imported from (b)(4) , located in (b)(4) Strawberry and Pecan Cake, imported from (b)(4) , located in (b)(4) Pineapple Pastry, imported 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 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)). 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: Juan Daniel Garza III Compliance Officer, US FDA 216 W. Village Blvd. Suite 107 Laredo, TX 78041. If you have any questions regarding this letter, or wish to send your response electronically, you may contact CO Garza via email at juan.garza@fda.hhs.gov. Please reference CMS # 709970 on any documents or records you provide to us and on the subject line of any email correspondence you send to us. Sincerely, /S/ Todd Cato Program Division Director Division of Southwest Imports One Main Place 201 Main Street Suite 7200 Dallas, TX 75202 Content current as of: 09/30/2025 Regulated Product(s) Food & Beverages