 |
Food Safety and Inspection
Service United States Department of Agriculture Washington, D.C. 20250-3700 |
|
Food Safety and Inspection
Service United States Department of Agriculture Washington, D.C. 20250-3700 |
Pathogen Reduction/HACCP & HACCP Implementation
December 8, 2000
Continued
| Administrative Actions Pending or Taken at Very Small Plants [includes actions initiated in prior quarters] | ||||||||
| Establishment/ Estab. Number/ Location | Withholding | Suspension In Effect | Suspension In Abeyance | Basis for Action | Appeals and Actions | |||
|---|---|---|---|---|---|---|---|---|
| E.Coli | SSOP | HACCP | Other | |||||
|
A & W County Meat 10801 Taneytown, MD |
1/25/00 | 1/27/00 | 2/4/00 | X | Remains in abeyance. | |||
|
Aala Meat Market Inc. 12425/P-12425 Honolulu, HI |
4/25/00 | X | Remains in abeyance. | |||||
| 6/12/00 | 8/14/00 | X | ||||||
|
AA Rubashkin & Sons, Inc. 4653/P-4653 Brooklyn, NY |
7/3/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Abbott’s Meat Inc. 10215/P-10215 Flint, MI |
10/14/99 | 10/18/99 | X | On 7/19/00 suspension case closed with a letter of warning. | ||||
|
Acoreana Manufactory Co. Inc. 6358 Fall River, MA |
5/24/00 | 5/26/00 | X | Remains in abeyance. | ||||
|
AGY Corporation P-8757 Mongaup Valley, NY |
3/7/00 | 3/20/00 | X | Remains in abeyance. | ||||
|
All American Meats, Inc. 20420 Omaha, NE |
9/27/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Angus Fine Meat Pies 8108 Seattle, WA |
1/25/00 | 1/25/00 | X | Suspension was based on plant’s failure to meet basic HACCP requirements. On 1/27/00 plant notified that their request for a 120 day voluntary suspension would be granted. Remains in effect. | ||||
| Aries Prepared Beef 6037/P-6037 Burbank, CA | 5/12/00 | 5/16/00 | X | Remains in abeyance. | ||||
|
Austin Farms 21161 Blackfoot, ID |
9/28/00 | 9/28/00 | 9/28/00 | X | X | First suspension remains in abeyance. Second suspension remains in effect. | ||
| 9/29/00 | X | |||||||
|
Ball Packing Cold Storage, Inc. 19593 Idaho Falls, ID |
7/18/00 | 7/18/00 | X | Remains in abeyance. | ||||
|
Briazz Inc. 20367/P-20367 Seattle, WA |
7/13/00 | 7/28/00 | X | Remains in abeyance. | ||||
| 8/7/00 | 8/10/00 | X | ||||||
|
Bristol Beef 5998 Bristol, CT |
8/15/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Cajun Stuff 20047 Houston, TX |
11/17/99 | 11/22/99 | X | Remains in effect. | ||||
|
C & J Packing Co. 11032 Nampa, ID |
3/3/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Carso’s Pasta Co. 20790/P-20790 Seattle, WA |
4/27/00 | X | On 9/13/00 suspension case closed with a letter of warning. | |||||
|
Cartwright’s Valley Meats 6269/P-6269 Grants Pass, OR |
1/27/00 | 1/27/00 | X | On 7/25/00 suspension case closed with a letter of warning | ||||
|
Champlain Beef Co. Inc. 8547 Whitehall, NY |
6/13/00 | 6/19/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Chicopee Provisions, Co. Inc. 6363 Chicopee, MA |
6/5/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Columbia River Farms 18340/P-18340 Clatskanie, OR |
5/31/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
| 8/9/00 | 8/29/00 | X | ||||||
|
Common’s Wholesale Meats 8112/P-8112 Idaho Falls, ID |
6/27/00 | X | Remains in effect. | |||||
|
Corte & Co 442 Jersey City, NJ |
5/23/00 | 8/25/00 | X | Remains in abeyance. | ||||
|
Country Pride Meats 19290/P-19290 Friendsville, MD |
9/22/00 | 9/29/00 | X | Remains in abeyance. Suspension was based on plant official's intimidation of an FSIS employee. | ||||
|
Cray HRI Food Service Inc. 9146 Mobile, AL |
5/24/00 | 6/21/00 | X | X | On 8/22/00 suspension case closed with a letter of warning | |||
|
Del Gould Meats 5553/P5553 Lincoln, ME |
7/14/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Designer Meats, Inc. 5884/P-17423 Hilo, HI |
4/5/00 | 4/12/00 | X | Remains in effect. | ||||
| 5/10/00 | 5/18/00 | X | ||||||
| 7/20/00 | 8/14/00 | X | X | |||||
| 9/20/00 | X | |||||||
|
Dutchman’s Meat Inc. 13263/P-13263 Fredericksburg, TX |
6/15/00 | 7/21/00 | X | Remains in effect. Plant previously received a notice of intended enforcement. | ||||
|
E.E. Mucke & Sons, Inc. 5978/P-5978 Hartford, CT |
8/18/00 | X | Remains in effect. | |||||
|
Farmer’s Best Meats Inc. 20469/P-20469 Amery, WI |
9/27/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Feller’s Precooked Meats, Inc. 1550/P-1550 North Salt City, UT |
6/15/00 | 6/26/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| Fenix, LLC 20920/P-20920 Oklahoma City, OK | 5/2/00 | 7/6/00 | X | X | Remains in abeyance. | |||
| 9/28/00 | 9/29/00 | X | X | |||||
|
Fil-Am Specialty Foods, Inc. 4828/P-4828 Los Angeles, CA |
6/8/99 | 6/9/99 | 6/19/99 | X | On 9/17/00 suspension case closed with a letter of warning | |||
|
Gaisers European Style 5385/P-5385 Union, NJ |
8/16/99 | 5/24/00 | 8/25/99 | X | X | Suspension for SSOP remains in abeyance. Suspension for HACCP remains in effect. | ||
|
Golden Crown Foods, Inc. 18823/P-18823 City of Industry |
9/22/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Guadalupe Ranch House Meat Co. 13353 Menard, TX |
1/25/00 | 1/27/00 | X | On 7/28/00 the second suspension closed with a letter of warning. First suspension remains in abeyance. | ||||
| 2/22/00 | X | |||||||
|
Heinsen Products, Inc 4334 Corona, NY |
6/28/00 | 7/3/00 | X | Remains in abeyance. | ||||
|
Henry J's Meat Specialties 1766 Chicago, IL |
9/8/00 | 9/22/00 | X | Remains in abeyance. | ||||
|
Homestead Gourmet Foods Co. Inc. 9947/P-9947 Linden, NJ |
4/10/00 | 4/14/00 | X | Remains in abeyance. | ||||
| 5/16/00 | 5/19/00 | 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 |
5/10/00 | X | Remains in effect. | |||||
|
Husnik Home Food Supply 15754 South Saint Paul, MN |
4/6/00 | 4/7/00 | X | On 9/28/00 suspension case closed with a letter of warning. | ||||
|
Instituto de la Carve 17932 Caguas, PR |
1/26/00 | 1/26/00 | 3/7/00 | X | Remains in abeyance. | |||
|
Ivars, Inc. 20173 Seattle, WA |
3/22/00 | X | On 9/13/00 suspension case closed with a letter of warning | |||||
|
J.R. Butcher Shoppe 6380/P-6380 Ludlow, MA |
9/13/00 |
X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
K & K Kustoms Meats 6450/P-6450 Lamar, CO |
6/7/00 |
7/17/00 |
X | First suspension remains in abeyance. Plant previously received a notice of intended enforcement. Second suspension is based on intimidation/threat. Remains in effect. | ||||
| 9/19/00 | X | |||||||
|
Kallia German Butcher 11201 Port Charlotte, FL |
1/27/00 | 1/27/00 | X | Remains in abeyance. | ||||
|
Kodiak Livestock Cooperative 20893 Kodiak, AR |
2/2/00 | 2/2/00 | X | On 9/13/00 suspension case closed with a letter of warning | ||||
|
Konanya Meat Co. 645/P-2401 Los Angeles, CA |
6/9/00 | 6/12/00 | X | Remains in abeyance. | ||||
|
Lam Foods, Inc. 20108/P-20108 Kansas, MO |
4/26/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
| 5/8/00 | 5/9/00 | X | ||||||
|
Lasich Meat Processing 9023 Plymouth, CA |
1/25/00 | 1/28/00 | X | Remains in abeyance. | ||||
|
La Spaiga D’oro Co. Inc. 17514/P-17514 San Rafael, CA |
7/15/99 | 7/15/99 | 7/20/99 | X | Remains in abeyance. | |||
|
Leader Steak & Provision Co. 1140 Los Angeles, CA |
9/17/99 | 9/20/99 | 9/23/99 | X | On 9/17/00 all suspension cases closed with a letter of warning. | |||
| 11/10/99 | 11/18/99 | X | ||||||
| 12/3/99 | 12/8/99 | X | ||||||
| 3/28/00 | 4/13/00 | X | ||||||
|
Lieb Brothers Packing Co. 1991 Pittston, PA |
8/18/00 | X | Remains in effect. Plant previously received a notice of intended enforcement. | |||||
|
Martin Rosol’s Inc. 5993/P-5993 New Britain, CT |
6/12/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Meadow Meat Co. 483/P-483 Middletown, CT |
7/25/00 | 8/11/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Meat and Fisheries Processing Lab 4166/P-4266 Cobleskill, NY |
7/29/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Meat Depot Food Service 19348/P-19348 Lakewood, NJ |
7/19/00 |
8/16/00 |
X | X | Both suspensions remain in abeyance. | |||
| 7/27/00 | 8/16/00 | |||||||
|
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 |
5/9/00 | 5/11/00 | 5/15/00 | X | Remains in abeyance. | |||
|
Miranda Brothers, Inc. 1037 Fall River, MA |
5/24/00 | 5/26/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Mr. Sausage LLC 09323 Endicott, WA |
1/25/00 | 1/25/00 | X | On 7/27/00 suspension case closed with a letter of warning | ||||
|
New Bedford Linguica Co. Inc. 610 New Bedford, MA |
5/30/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
New Mexico Food Dist. 13272/P-13272 Albquerque, NM |
7/7/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
New World Foods 9047/P-9047 Corvallis, OR |
2/2/00 | 2/2/00 | X | On 7/27/00 suspension case closed with a letter of warning. | ||||
|
New On Sang Poultry P-9885 San Francisco, CA |
4/15/99 | 4/16/99 | X | Remains in abeyance. | ||||
|
Northwest Adventures 11031 Grangeville, ID |
5/10/00 | 5/10/00 | X | Remains on voluntary suspension. On 6/13/00 plant was granted a 120 day voluntary suspension. | ||||
|
Pacific Northwest Meats 6041/P-6041 Sumner, WA |
3/23/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
| 6/19/00 | 6/30/00 | X | ||||||
|
Pat’s Beef Jerky 20965 Liebenthal, KS |
6/1/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
R & M Meat Co. 20808 Lubbock, TX |
8/31/99 | 9/2/99 | X | Remains in abeyance. | ||||
|
Rammell Valley Pack 11027 Tetonia, ID |
3/1/00 | X | On 8/3/00 the first suspension case closed with a letter of warning. On 9/20/00 the second suspension case closed with a letter of warning. | |||||
| 8/14/00 | 8/14/00 | X | ||||||
|
Rebhan R & W Meat Co. 8665 St. Louis, MO |
1/25/00 | 1/25/00 | X | On 7/20/00 suspension case closed with a letter of warning. | ||||
|
Reindaldo Garcia, Inc. 06742/P-06742 Mayaguez, PR |
1/26/00 | 1/26/00 | 1/28/00 | X | Remains in abeyance. | |||
|
R. L. Zeigler Co., Inc. 91565/P-91565 Selma, AL |
6/19/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Royal Frozen Food 20585 Los Angeles, CA |
12/16/99 | 12/21/99 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| 5/4/00 | X | |||||||
|
Royal Meat Packing Co. 9672/P-9672 Quakertown, PA |
5/8/00 | 5/11/00 | 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. | ||||
| 5/23/00 | 5/26/00 | X | ||||||
|
Sam HWA Meat Co. Inc. 19607 Brooklyn, NY |
5/10/00 | 5/24/00 | X | Remains in abeyance. | ||||
|
Santos Linguisa Factory 8279 San Leandro, CA |
X | Suspension case pending. | ||||||
|
Sardinha Sausage Inc. 17995/P-17995 Fall River, MA |
2/25/00 | 2/29/00 | X | Remains in abeyance. | ||||
|
Seattle Super Smoke 7705/P-7705 Seattle, WA |
4/13/00 | X | On 9/13/00 suspension case closed with a letter of warning. | |||||
|
Schneider Packing Co. 439 St. Louis, MO |
1/25/00 | 4/28/00 | 1/25/00 | X | X | Suspension for HACCP remains in abeyance. Second suspension was based on plant’s failure to meet sanitation performance standards. This suspension remains in effect. | ||
|
Sonnen Meats, Inc. 11043/P-11043 Green Creek, ID |
5/19/00 | 5/19/00 | X | On 8/3/00 suspension case closed with a letter of warning. | ||||
|
Sterling Pack, Inc. 6494/P-6494 Sterling, CO |
8/24/00 | 9/1/00 | X | Remains in abeyance. | ||||
|
Swanson Foods Inc. 9340/P-9340 Aberdeen, WA |
5/25/00 | 5/26/00 | On 8/3/00 suspension case closed with a letter of warning. | |||||
|
TAJ Gourmet Foods, Inc. 19362/P-19362 Framingham, MA |
8/25/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Tamale Plus, Inc. 4147/P-4147 Los Angeles, CA |
12/20/99 | 12/23/99 | X | On 9/17/00 suspension case closed with a letter of warning. | ||||
|
The Blue Willow Sausage Kitchen 258 Enterprise, OR |
1/27/00 | 1/27/00 | X | Remains in abeyance. | ||||
|
The Butcher Block, Inc. 5390/P-5390 Claremont, NH |
8/28/00 | 8/30/00 | X | Remains in abeyance. | ||||
|
The Chili Factory 1859/P-1859 Cincinnati, OH |
9/5/00 | 9/7/00 | X | Remains in abeyance. | ||||
|
Uncle Louie Sausage 12449 Kahului, HI |
2/22/00 | 2/28/00 | X | On 7/17/00 suspension case closed with a letter of warning. | ||||
|
Valley Pride Packing Inc. 1361 Norwalk, WI |
7/13/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Vermont Smoke & Cure, Inc. 8795/P-8795 SO. Barre, VT |
1/28/00 | 1/28/00 | X | Remains in abeyance. | ||||
|
Vocci Ravioli Co. 5789 Kansas City, MO |
1/25/00 | 1/26/00 | X | On 7/5/00 suspension case closed with a letter of warning. | ||||
|
Voise Sausage 17798 Odessa, WA |
1/27/00 | 1/27/00 | X | On 7/25/00 suspension case closed with a letter of warning. | ||||
|
Volunteers of America 19949 Los Angeles, CA |
1/25/00 | 1/27/00 | 1/28/00 | X | Remains in abeyance. | |||
|
Waldron Smoke House Specialties
D/b/a Seabolts Smoke House 20776 Oak Harbor, WA |
1/31/00 | 2/7/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| 5/18/00 | X | |||||||
|
Yee Tung Inc. P-19014 Philadelphia, PA |
8/15/00 | 8/17/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
|
Zamora Chicharrones Co, 20028A/P-20028A Lomita, CA |
8/14/00 | 8/15/00 | X | Remains in abeyance. | ||||
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 | 7/27/98 | On March 13, 2000, a USDA Administrative Law Judge issued an Order declaring that inspection services would be indefinitely withdrawn from Greenville Packing Co., Inc. The Order specifies that inspection services will be indefinitely withdrawn with 35 days after service of the Order upon the firm unless appealed to the Judicial Officer. 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. The Order specifies that inspection services will be indefinitely withdrawn unless appealed to U.S. District Court. On July 5, 2000, the company appealed the USDA decision to withdraw to the U.S. District Court. | |
|
Jacob Fleishman Cold Storage, Inc. I-277 (Successor to Custom Cold Storage and Services, Inc. |
Miami, FL | 2/17/00 | 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. | |
|
LeBlanc’s
Cajun Boudin and Food Co. 13512 |
St. Amant, LA | 2/25/99 | The complaint to withdraw inspection is based on the owner’s felony conviction for trafficking in cocaine. On June 3, 1999, the corporation filed an amended answer with the USDA Hearing clerk. | |
| 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. | |
|
Vanguard Culinary Group, LTD d/b/a Cross Creek Foods, Inc. James G.
Stancil and Robert C. Stackhouse 8334/P-8334 |
Fayetteville, NC | 6/7/99 | 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. | |
|
Jay and Boots Meats, Inc. 8079/P-8079 |
Knoxville, TN | 5/22/00 | Complaint to withdraw is based on the corporation’s felony convictions for preparing adulterated and mislabeled meat food products and for selling and transporting adulterated meat food products with intent to defraud. On July 10, 2000, a motion for adoption of proposed decision and order, together with a decision and order for default, was filed with the USDA Hearing Clerk. | |
|
Jack Lambersky Poultry Company, Inc. and Jack Lambersky 4340/P-4340 |
Camden, NJ | 6/2/00 | 6/2/00 | Complaint to withdraw inspection based on Mr. Jack Lambersky’s misdemeanor conviction for selling misbranded poultry products and felony conviction for filing a false corporate tax return, and Jack Lambersky Poultry Company, Inc.’s misdemeanor conviction for selling misbranded poultry products. Consent decision reached, which requires that Mr. Lambersky participate in a training program or educational course in business ethics and develop and maintain a corporate ethics code for the corporation. The consent also requires that Jack Lambersky Poultry Company, Inc., or any responsibly connected individual not commit any felony or fraudulent criminal act. Failure could result in the immediate five (5) year withdrawal of inspection. |
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 were no actions taken to remove custom exempt privileges this reporting period.
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 |
|---|---|---|---|---|---|---|
| Eby-brown | Aurora, IL | 7/14/00 | 7/17/00 | One misdemeanor count for causing meat and poultry products to become adulterated by rodents. Corporation fined $25,000.00, $125.00 special assessment, and 2 years probation | ||
| General Meat Distributors, Najib Atish A., VP and Manager | Detroit, MI | 6/9/00 | 9/28/00 | One misdemeanor count for causing meat and poultry products to become spoiled and contaminated with filth. Fined $100,000.00 $50.00 special assessment, and one year probation. | ||
| Heringer Meats, Inc. and Raymond Niemeyer, President | Covington, KY | 6/4/00 | 52 felony counts for preparing meat and poultry products with intent to defraud, sale of adulterated and misbranded meat products, and aiding and abetting. | |||
| Marvin L. Swick | Ponca, NE | 5/10/00 | One felony count for food tampering. | |||
| Meat Depot, Inc. Tami Boji, Manager | Dearborn Hts.., MI | 6/20/00 | 2 misdemeanor counts for causing meat and poultry products to become putrid, sour, and contaminated with filth. | |||
| RGV Warehouse, Inc. | McAllen, TX | 6/22/00 | 15 felony counts for distributing rodent adulterated meat and poultry 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 were two pre-trial diversion agreements involving two individuals who worked for the same company, a wholesale food distributor in Detroit, Michigan. In each case the individuals were placed on a six month pre-trail diversion, ordered to make a restitution in the amounts of (1) $80,000.00 and (2) $8,000.00, and to perform twenty hours of community service.
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 were no injunctions reported for the period. Currently 31 firms are under injunctions.
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 USDA’s 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.usda.gov.fsis |
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