| Food Safety and Inspection
Service United States Department of Agriculture Washington, D.C. 20250-3700 |
Pathogen Reduction/HACCP & HACCP Implementation
August 2001
January 1, 2001 through March 31, 2001, Continued
| Establishment/ Estab. Number/ Location |
Withholding | Suspension In Effect | Suspension In Abeyance | Basis for Action | Appeals and Actions | |||
|---|---|---|---|---|---|---|---|---|
| E. coli | SSOP | HACCP | Other | |||||
|
Aala Meat Market Inc. 12425/P-12425 Honolulu, HI |
06/12/00 | 04/25/00 | X | On 01/31/01, suspension case closed with a letter of warning. | ||||
| 08/14/00 | X | |||||||
|
AA Rubashkin & Sons, Inc. 4653/P-4653 Brooklyn, NY |
07/03/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Acoreana Manufactory Co. Inc. 6358 Fall River, MA |
05/24/00 | 05/26/00 | X | Remains in abeyance. | ||||
|
AGY Corporation P-8757 Mongaup Valley, NY |
03/07/00 | 3/20/00 | X | Remains in abeyance. | ||||
|
All American Meats, Inc. 20420 Omaha, NE |
09/27/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Angus Fine Meat Pies 8108 Seattle, WA |
01/25/00 | 01/25/00 | X | On 02/13/01, inspection service voluntarily withdrawn. Suspension case closed. | ||||
|
Apalachin Meat Inc. 4392/P-4392 Apalachin, NY |
11/27/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Austin Farms
21161 Blackfoot, ID |
09/28/00 | 09/28/00 | 09/28/00 | X | X | On 02/06/01, inspection service voluntarily withdrawn. Suspension case closed. | ||
| 09/29/00 | 10/05/00 | X | ||||||
|
Avian Research Center, Inc. P-20538 Pittsboro, NC |
X | On 03/13/01, suspension case closed with a letter of information. Plant previously received notice of intended enforcement. | ||||||
|
Ball Packing Cold Storage, Inc. 19593 Idaho Falls, ID |
07/18/00 | 07/18/00 | X | Remains in abeyance. | ||||
|
Bay State Chowda CO. 18019/P-18019 Lowell, MA |
03/26/01 | X | Remains in abeyance. Plant previously received notice of intended enforcement. | |||||
|
Best Top Quality 21082 Jersey City, NJ |
12/15/00 | 04/11/01 | X | Remains in abeyance. | ||||
|
Briazz Inc.
20367/P-20367 Seattle, WA |
07/13/00 | 07/28/00 | X | On 02/01/01, suspension case closed with a letter of warning. | ||||
| 08/7/00 | 08/10/00 | X | ||||||
|
Bristol Beef 5998 Bristol, CT |
08/15/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Cajun Stuff 20047 Houston, TX |
11/17/99 | 11/22/99 | 11/14/00 | X | Remains in abeyance. | |||
|
C & J Packing Co. 11032 Nampa, ID |
03/03/00 | X | On 03/06/01, suspension case closed with a letter of warning. | |||||
|
Champlain Beef Co. Inc. 8547 Whitehall, NY |
06/13/00 | 06/19/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Chia Hsing Corp. 9966/P-9966 Brooklyn, NY |
03/29/01 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Chicopee Provisions, Co. Inc. 6363 Chicopee, MA |
06/05/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Columbia River Farms 18340/P-18340 Clatskanie, OR |
08/09/00 | 05/31/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| 08/29/00 | X | |||||||
|
Common’s Wholesale Meats 8112/P-8112 Idaho Falls, ID |
06/27/00 | 11/22/00 | X | On 02/01/01, suspension case closed with a letter of warning. | ||||
|
Country Pride Meats 19290/P-1929 Friendsville, MD |
09/22/00 | 09/29/00 | X | On 02/01/01, suspension case closed with a letter of warning. Suspension was based on an incident of intimidation on 9/21/00. | ||||
|
Crescent Custom Slaughtering 6041/P-6041 Sumner, WA |
1/8/01 | X | X | Remains in effect. Plant shipped in commerce a U.S. Retained sheep carcass. | ||||
|
Corte & Co. 442 Jersey City, NJ |
05/23/00 | 08/25/00 | X | Remains in abeyance. | ||||
|
Del Gould Meats 5553/P5553 Lincoln, ME |
07/14/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Designer Meats, Inc. 5884/P-17423 Hilo, HI |
04/05/00 | 04/12/00 | X | Remains in effect. | ||||
| 05/10/00 | 05/18/00 | X | ||||||
| 07/20/00 | 08/14/00 | X | X | |||||
| 09/20/00 | X | |||||||
|
Dutchman’s Meat Inc. 13263/P-13263 Fredericksburg, TX |
06/15/00 | 07/21/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
E.E. Mucke & Sons, Inc. 5978/P-5978 Hartford, CT |
08/18/00 | 11/27/00 | X | Remains in abeyance. | ||||
|
El Campo Packing Co., Inc.
20090 El Campo, TX |
12/05/00 | 12/06/00 | 01/08/01 | X | Remains in abeyance. | |||
|
Endicott Meats Inc. 4322/P-4322 Bronx, NY |
X | X | On 3/26/01, firm received notice of intended enforcement. Enforcement action pending. | |||||
|
Farmer’s Best Meats Inc.
20469/P-20469 Amery, WI |
09/27/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Feller’s Precooked Meats, Inc. 1550/P-1550 North Salt City, UT |
06/15/00 | 06/26/00 | X | On 01/17/01, suspension case closed with a letter of warning. | ||||
|
Fenix, LLC 20920/P-20920 Oklahoma City, OK |
05/02/00 | 07/06/00 | X | X | Remains in abeyance. | |||
| 09/28/00 | 09/29/00 | X | X | |||||
|
Fischera Foods 8875 Philadelphia, PA |
11/22/00 | X | Remains in abeyance. Plant previously received a noticed of intended enforcement. | |||||
|
Gaisers European 5385/P-5385 Union, NJ |
08/16/99 | 8/25/99 | X | X | Both suspensions remain in abeyance. | |||
| 5/24/00 | 08/28/00 | |||||||
|
Golden Crown Foods, Inc. 18823/P-18823 City of Industry, CA |
9/22/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Halal Manufacturing Inc.,
19088 Freeport, NY |
10/06/00 | 10/06/00 | 10/12/00 | X | Remains in abeyance. | |||
|
Heinsen Products, Inc.
4334 Corona, NY |
06/28/00 | 07/03/00 | X | Remains in abeyance. | ||||
|
Henry J's Meat Specialties 1766 Chicago, IL |
09/08/00 | 09/22/00 | X | Remains in abeyance. | ||||
|
Homemade Brand Foods, Inc.
8865 Newburyport, MA |
10/17/00 | X | On 03/13/01, suspension case closed with a letter of warning. Plant previously received a notice of intended enforcement. | |||||
|
Homestead Gourmet Foods Co. Inc. 9947/P-9947 Linden, NJ |
04/10/00 | 05/16/00 | 04/14/00 | X | Remains in abeyance. | |||
| 05/19/00 | X | |||||||
|
HOP Sang Co. 4978 San Francisco, CA |
X | On 9/21/00, plant was issued a notice of intended enforcement. Decision regarding enforcement pending. | ||||||
|
Hsin-Chih Enterprise, Inc. 9936/P-9936 College Point, NY |
05/10/00 | 01/09/01 | X | Remains in abeyance. | ||||
|
Instituto de la Carve 17932 Caguas, PR |
01/26/00 | 01/26/00 | 03/07/00 | X | Remains in abeyance. | |||
|
J. Dorando & Sons 4459/P-4459 New York, NY |
03/23/01 |
|
X | Remains in effect. Suspension also based on insanitary conditions. | ||||
|
J.R. Butcher Shoppe 6380/P-6380 Ludlow, MA |
09/13/00 |
X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
J.Z. Florczak Meat 9907 South Amboy, NJ |
X | X | On 3/27/01, plant received notice of intended enforcement. Decision regarding enforcement pending. | |||||
|
K & K Kustom Meats 6450/P-6450 Lamar, CO |
06/07/00 | 07/17/00 | X | On 02/02/01, federal inspection service voluntarily withdrawn. Plant previously received a notice of intended enforcement. Second suspension was based on intimidation/threat. Both suspension cases closed. | ||||
| 09/19/00 | X | |||||||
|
Kallia German Butcher 11201 Port Charlotte, FL |
01/27/00 | 01/27/00 | X | Remains in abeyance. | ||||
|
Konanyan Meat Co. 645/P-2401 Los Angeles, CA |
06/09/00 | 06/12/00 | X | On 03/20/01, two suspension cases closed with one letter of warning. | ||||
| 11/15/00 | X | |||||||
|
Lam Foods, Inc. 20108/P-20108 Kansas, MO |
05/08/00 | 04/26/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| 05/09/00 | X | |||||||
|
Lasich Meat Processing 9023 Plymouth, CA |
01/25/00 | 01/28/00 | X | On 02/05/01, inspection service was voluntarily withdrawn. | ||||
|
Leo G. Fraboni Sausage,
8997 Hibbing, MN |
10/31/00 | X | On 02/13/01, suspension case closed with a letter of warning. | |||||
|
Lieb Brothers Packing Co.
1991 Pittston, PA |
08/18/00 | 10/25/00 | X | Remains in effect. Plant previously received a notice of intended enforcement. | ||||
| 03/03/01 | X | |||||||
|
Martin Rosol’s Inc. 5993/P-5993 New Britain, CT |
06/12/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Meadow Meat Co. 483/P-483 Middletown, CT |
07/25/00 | 08/11/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Meat and Fisheries Processing Lab 4166/P-4266 Cobleskill, NY |
07/29/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Meat Depot Food Service 19348/P-19348 Lakewood, NJ |
07/19/00 |
08/16/00 |
X | Both suspensions remain in abeyance. | ||||
| 07/27/00 | 08/16/00 | X | ||||||
|
Mediterranean Foods, Inc. 18977 Upper Darby, PA |
8/22/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Mello’s North End Manufactory
913/P-913 Fall River, MA |
05/09/00 | 05/11/00 | 05/15/00 | X | Remains in abeyance. | |||
|
Miranda Brothers, Inc. 1037 Fall River, MA |
05/24/00 | 05/26/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Mountains Products Inc. 17458/P-17458 Lagrangeville, NY |
01/04/01 | X | Remains in abeyance. Plant previously received notice of intended enforcement. | |||||
|
New American Poultry P-9030 Sacramento, CA |
12/13/00 | 12/18/00 | X | On 03/20/01, suspension case closed with a letter of warning. The suspension was based on plant official’s intimidation of a FSIS employee. | ||||
|
New Bedford Linguica Co.
610 New Bedford, MA |
05/30/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
New Mexico Food Dist. 13272/P-13272 Albuquerque, NM |
07/07/00 | X | On 02/02/01, suspension case closed with a letter of warning. | |||||
|
New On Sang Poultry P-9885 San Francisco, CA |
04/15/99 | 04/16/99 | X | Both Suspensions remain in abeyance. | ||||
| 10/26/00 | X | |||||||
|
Northwest Adventures 11031 Grangeville, ID |
05/10/00 | 05/10/00 | X | Remains on voluntary suspension. On 6/23/00, plant was granted a 120 day voluntary suspension due to fire damage. Additional 120 day extension granted on 10/27/00. | ||||
|
On A Roll Sales, Inc. 19053/P-19053 Brockton, MA |
02/22/01 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
PM Specialty Foods 6520 Richmond, VA |
X | On 03/22/01, a notice of intended enforcement was issued to the plant. Decision regarding enforcement pending. | ||||||
|
Pacific Northwest Meats 6041 Salem, WA |
06/19/00 | 3/23/00 | X | On 10/23/00, inspection service was voluntarily withdrawn. This information was inadvertently not included in the previous report. Plant previously received a notice of intended enforcement. | ||||
| 6/30/00 | X | |||||||
|
Pat’s Beef Jerky 20965 Liebenthal, KS |
06/01/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Purdy & Sons,
4705 Sherburne, NY |
11/09/00 | X | Remains in abeyance. | |||||
|
R & M Meat Co. 20808 Lubbock, TX |
08/31/99 | 09/02/99 | X | Remains in abeyance. | ||||
|
Real Kosher Sausage Co. 999/P-7894 |
03/22/01 | X | Suspension remains in effect. Suspension also based on insanitary conditions. | |||||
|
Reicherdt Duck Farm
P-8289 Petaluma, CA |
12/18/00 | X | On 03/23/01, suspension case closed with a letter of warning. | |||||
|
Reindaldo Garcia, Inc.
06742/P-06742 Mayaguez, PR |
01/26/00 | 01/26/00 | 01/28/00 | X | Remains in abeyance. | |||
|
Retail Ready Foods 8205/P-8205 Amarillo, TX |
X | On 03/06/01, plant received a letter of information closing the case. Previously on 02/08/01, the plant received notice of intended enforcement. | ||||||
|
R. L. Zeigler Co., Inc. 91565/P-91565 Selma, AL |
06/19/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Royal Meat Packing Co.
9672/P-9672 Quakertown, PA |
05/08/00 | 05/11/00 | X | First suspension was based on inhumane treatment of animals. Plant previously received a notice of intended enforcement regarding second suspension. Both suspensions remain in abeyance. | ||||
| 05/23/00 | 05/26/00 | X | ||||||
|
Russo’s Italian Specialties 19186 Rockford, MI |
12/13/00 | X | Remains in abeyance. Plant previously received notice of intended enforcement. | |||||
|
Sam HWA Meat Co. Inc.
19607 Brooklyn, NY |
05/10/00 | 05/24/00 | X | Remains in abeyance. | ||||
|
Sardinha Sausage Inc. 17995/P-17995 Fall River, MA |
02/25/00 | 02/29/00 | X | Remains in abeyance. | ||||
|
Schneider Packing Co. 439 St. Louis, MO |
01/25/00 | 01/25/00 | X | X | On 03/15/01, inspection service voluntarily withdrawn. Second and third suspensions were based on the plant’s failure to meet sanitation performance standards. All suspension cases closed. | |||
| 04/28/00 | 12/05/00 | X | X | |||||
| 02/14/01 | X | |||||||
|
Sterling Pack, Inc. 6494/P-6494 Sterling, CO |
08/24/00 | 09/1/00 | X | Remains in abeyance. | ||||
|
T.A.I.F., Inc. 9771/P-9771 Norristown, PA |
3/8/01 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
TAJ Gourmet Foods, Inc. 19362/P-19362 Framingham, MA |
08/25/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
The Blue Willow Sausage Kitchen 258 Enterprise, OR |
01/27/00 | 01/27/00 | X | On 01/31/01, inspection service voluntarily withdrawn. | ||||
|
The Butcher Block, Inc. 5390/P-5390 Claremont, NH |
08/28/00 | 08/30/00 | X | Remains in abeyance. | ||||
|
The Chili Factory 1859/P-1859 Cincinnati, OH |
09/05/00 | 09/07/00 | X | Remains in abeyance. | ||||
|
Valley Pride Packing Inc. 1361 Norwalk, WI |
07/13/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Vermont Smoke & Cure, Inc. 8795/P-8795 SO. Barre, VT |
01/28/00 | 01/28/00 | X | Remains in abeyance. | ||||
|
Volunteers of America 19949 Los Angeles, CA |
01/25/00 | 01/27/00 | 01/28/00 | X | On 10/06/00, inspection service voluntarily withdrawn. This information was inadvertently not included in the previous report. | |||
|
Waldron Smoke House Specialties D/b/a Seabolts Smoke House 20776 Oak Harbor, WA |
01/31/00 | 02/07/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| 05/18/00 | X | |||||||
| 02/20/01 | 02/21/01 | 03/06/01 | X | |||||
|
Westland Meat Co. 1518 Commerce, CA |
02/01/01 | 02/02/01 | X | Remains in abeyance. | ||||
|
Yee Tung Inc.
P-19014 Philadelphia, PA |
08/15/00 | 08/17/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Zamora Chicharrones Co, 20028A/P-20028A Lomita, CA |
08/14/00 | 08/15/00 | X | On 02/09/01, suspension case closed with a letter of warning. | ||||
Withdrawal for Unfitness
Under the statutes it administers, FSIS also can move to withdraw inspection, after opportunity for a hearing, based on the unfitness of an applicant for, or a recipient of inspection, because of a felony conviction or more than one violation involving food. Table 8 identifies actions pending or taken (other than outstanding consent decisions) on this basis for this reporting period.
| Establishment | Location | Complaint to Deny/Withdraw Inspection | Consent Decision | Actions |
|---|---|---|---|---|
| Greenville Packing Co. Inc. 9956/P9956 |
Greenville, NY | 07/27/98 | On March 13, 2000, a USDA Administrative Law Judge issued an Order declaring that inspection services would be indefinitely withdrawn 35 days after service of the Order. The decision to withdraw inspection is based on the firm’s felony conviction of bribery of an FSIS employee. On June 1, 2000, the USDA Judicial Officer concurred with the ALJ decision. On July 5, 2000, the company appealed the USDA decision to withdraw to the U.S. District Court. | |
| Heringer Meats, Inc., and Raymond F. Neimeyer, Jr. | Covington, KY | 03/22/01 | Complaint to withdraw inspection based on firm’s felony conviction and President’s misdemeanor convictions for preparing meat and poultry products not in accordance with the Acts and with intent to defraud. | |
| Jacob Fleishman Cold Storage, Inc. I-277 (Successor to Custom Cold Storage and Services, Inc.) |
Miami, FL | 02/17/00 | Complaint to withdraw inspection based on corporation’s conviction, and a felony conviction of a predecessor corporation to Jacob Fleishman Cold Storage. The corporation was convicted of causing, with intent to defraud, meat and poultry food products to become adulterated by rodents, and the predecessor corporation was convicted of distributing poultry that had been adulterated by rodents. On August 11, 2000, the corporation filed an answer and requested an oral hearing with the USDA Hearing Clerk. On January 4, 2001, a motion to set for oral hearing was filed. | |
| Jay and Boots Meats, Inc. | Knoxville, TN | 05/22/00 | On February 9, 2001, federal inspection services were indefinitely withdrawn by a final decision and order. | |
| LeBlanc’s Cajun Boudin and Food Co. 13512 |
St. Amant, LA | 02/25/99 | The complaint to withdraw inspection is based on the owner’s felony conviction for drug trafficking (cocaine). On June 3, 1999, the corporation filed an amended answer with the USDA Hearing clerk. On January 22, 2001, a motion to withdraw the complaint was filed because of information received that William D. LeBlanc’s conviction had been voided by an order of the Superior Court of Butts County, Georgia. | |
| Phoenix Poultry Corp. and George D. Oppenheimer | West Springfield, MA | 03/01/01 | Complaint to withdraw inspection based on the General Manager’s felony conviction of offering for sale uninspected poultry products with intent to defraud, and subscribing a false employers quarterly federal tax return. | |
| Preferred Freezer Services, Miami, Inc. | Miami, FL | 12/30/99 | Complaint to withdraw inspection based on corporation’s conviction of one felony for knowingly distributing adulterated meat products, and two misdemeanors for causing meat and poultry products to become adulterated by rodents. On January 25, 2000, the corporation filed an answer and request for hearing, and appearance with the USDA Hearing clerk.On March 14, 2001, a motion to set for oral hearing was filed on behalf of FSIS. | |
| Vanguard Culinary Group, LTD d/b/a Cross Creek
Foods, Inc. James G. Stancil and Robert C. Stackhouse 8334/P-8334 |
Fayetteville, NC | 06/7/99 | Complaint to withdraw inspection based on plant officials’ convictions for selling and transporting adulterated meat products. On July 7, 1999, an answer was filed with the USDA Hearing clerk. |
Removing Custom Exempt Privilege
The meat and poultry laws exempt certain operations from inspection. Custom exempt businesses slaughter animals or process meat for owners of the animals or products. When insanitary conditions create health hazards, FSIS may remove custom exempt privileges and require the plant to cease operations until sanitary conditions are restored. FSIS can also take action when custom facilities fail to properly label product as "Not for Sale." These businesses have the opportunity to correct violations prior to such actions. Only new activities are reflected in this report. There was one removal of custom exempt privileges this reporting period involving Brainard Meats located in Brainard, Nebraska. This action was based on the firm’s repetitive production of meat food products under insanitary conditions and findings of adulterated products.
If evidence is found that a person or business has engaged in violations of the Federal Meat Inspection Act, Poultry Products Inspection Act, or Egg Products Inspection Act, USDA may refer the case to the appropriate United States Attorney to pursue criminal prosecution. Conviction for a criminal offense can result in a fine, imprisonment, or both. Table 9 lists criminal actions and criminal cases in categories according to the status of the case, which may be indictment or information issued; pleas, convictions, or acquittals, and sentences rendered during this reporting period.
| Name | Location | Indictment | Information | Plea | Sentencing | Action Summary |
|---|---|---|---|---|---|---|
| Deen Wholesale Meat Co. Craig Deen, Vice President |
Fort Worth, TX | 02/14/01 | Three (3) counts charging with selling and offering for sale and transportation adulterated and misbranded meat and meat food products, and making a false material statement to government officials. | |||
| Heringer Meats, Inc. and Raymond Niemeyer, President | Covington, KY | 06/04/00 | 02/27/01 | Firm sentenced on one (1) felony count for preparing meat products with intent to defraud, and aiding and abetting. Fined $30,000, $400 special assessment, two (2) years probation. Mr. Niemeyer sentenced on two (2) misdemeanor counts of preparing meat and poultry products not in compliance with the Acts. One (1) year probation, $50 special assessment and $16,000 investigative costs. $10,965.95 restitution to be paid jointly by Mr. Niemeyer and firm. | ||
| Mantas, Theodorus Jr. (Helmos Food Products) | Chicago, IL | 11/22/00 | 03/01/01 | Sentenced on one (1) misdemeanor count for violation of the PPIA. Fined $250, $25 special assessment and three (3) years probation. | ||
| Meat Depot, Inc. Tami Boji, Manager |
Dearborn Hts., MI | 06/20/00 | 2 misdemeanor counts for causing meat and poultry products to become putrid, sour, and contaminated with filth. | |||
| Processors Unlimited Operating Company | Dallas, TX | 12/29/00 | Pled guilty to a one (1) count misdemeanor for sale, transportation, offering for sale and transportation in commerce, adulterated meat and meat products. |
PRE-TRIAL DIVERSION AGREEMENTS
In certain situations, United States Attorneys may enter into Pre-Trial Diversion (PTD) agreements. Under these agreements, the government agrees not to proceed with criminal prosecution if the alleged violator meets certain terms and conditions. The terms and conditions of a PTD are tailored to fit each individual case. FSIS frequently monitors these agreements so that we can assist the U. S. Attorneys in determining whether prosecution should be re-instituted. If the divertee successfully completes the program, no criminal charges are filed. If, on the other hand, the divertee does not successfully complete the program, criminal charges may be reinstated. There was one pre-trial diversion agreement this quarter. This case involved an employee of a federally inspected establishment in Detroit, Michigan, who allegedly impersonated a government official. This individual was placed on pre-trial diversion for a period of one (1) year.
FSIS also has authority to seek a variety of civil actions in Federal Court.
Seizures
When FSIS has reason to believe distributed products are adulterated or misbranded, the Agency will, through the U.S. Attorney, institute a seizure action against the product. The product is held pending an adjudication of its status. If the court finds that the product is adulterated or misbranded, it will condemn the product. Condemned product is destroyed, sold, or, upon posting of an appropriate bond, returned to its owner to be brought into compliance with the law. Condemned product cannot be further processed to be used for human food. There are no seizure actions reported for this period.
Injunctions
FSIS, through the U.S. Attorney, may request a U.S. District Court to enjoin repetitive violators of the FMIA, PPIA, or EPIA. The Agency seeks injunctions to stop uninspected retail stores from processing products without required inspection for wholesale business or to prevent or restrain other violations of law. There was one injunction reported for the period. Currently 30 firms are under injunction.
| Name | Location | Complaint | Injunction | Action |
|---|---|---|---|---|
| Vitamia Pasta Boy, Inc. d.b.a. Vitamia & Sons Ravioli Co. Antonio Vitamia, President, And Francesco Vitamia, Secretary. |
Lodi, NJ | 01/03/01 | Firm and principles entered into consent agreement that prohibits preparing, selling, transporting or offering for sale, or receiving for sale, meat and poultry products unless inspected by USDA. |
False Claims Act Violations
The Department of Justice Affirmative Civil Enforcement (ACE) program is used by U.S. Attorneys to recover damages when a violation of law involves fraud against the Federal government. Under the False Claims Act, the government may recover three times its estimated losses. FSIS typically seeks action under this program for cases involving products, not in compliance, sold to the military, to public schools engaged in the school lunch program, or to other Federal institutions. There are no ACE program actions reported for this period.
| Media Inquiries: | (202) 720-9113 |
| Freedom of Information Act Requests: | (202) 720-2109 |
| Congressional Inquiries: | (202) 720-3897 |
| Constituent Inquiries: | (202) 720-8594 |
| Consumer Inquiries: | Call USDAs Meat and Poultry Hotline at
1-800-535-4555, 10 a.m. to 4 p.m., Eastern Time In the Washington, DC area, call (202) 720-3333. |
| FSIS Web site: | www.fsis.usda.gov |
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