| Food Safety and Inspection
Service United States Department of Agriculture Washington, D.C. 20250-3700 |
Pathogen Reduction/HACCP & HACCP Implementation
March 2001
October 1, 2000 through December 31, 2000, continued
| 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 |
6/12/00 | 4/25/00 | X | Remains in abeyance. | ||||
| 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. | |||||
|
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 | Remains in effect. Suspension is based on plant’s failure to meet basic HACCP requirements. Plant has requested to relinquish the establishment number to a new owner. | ||||
|
Apalachin Meat Inc., 4392/P-4392 Apalachin, NY |
11/27/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Aries Prepared Beef 6037/P-6037 Burbank, CA |
5/12/00 | 5/16/00 | X | On 10/03/00 suspension case closed with a letter of warning. | ||||
|
Austin Farms 21161 Blackfoot, ID |
9/28/00 | 9/28/00 | 9/28/00 | X | X | Both suspensions remain in abeyance. | ||
| 9/29/00 | 10/05/00 | X | ||||||
|
Ball Packing Cold Storage, Inc. 19593 Idaho Falls, ID |
7/18/00 | 7/18/00 | X | Remains in abeyance. | ||||
|
Berks Packing Co. 8782 Reading, PA |
X | On 12/12/00, case closed with a letter of information. Plant previously received a notice of intended enforcement. | ||||||
|
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 | 11/14/00 | X | Remains in abeyance. | |||
|
C & J Packing Co. 11032 Nampa, ID |
3/3/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
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 |
8/9/00 | 5/31/00 | X | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||
| 8/29/00 | ||||||||
|
Common’s Wholesale Meats 8112/P-8112 Idaho Falls, ID |
6/27/00 | 11/22/00 | X | Remains in abeyance. | ||||
|
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. On 10/26/00, plant appealed the suspension held in abeyance. On 12/15/00, based on issues raised in the appeal, the plant owner was advised that the case would be considered closed. | ||||
|
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 | 11/27/00 | X | Remains in abeyance. | ||||
|
El Campo Packing Co., Inc. 20090 El Campo, TX |
12/05/00 | 12/06/00 | 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 | |||||
|
Fischera Foods 8875 Philadelphia, PA |
11/22/00 | X | Remains in abeyance. Plant previously received a noticed of intended enforcement. | |||||
|
Frank’s Wholesale Meats 7741/P-7741 San Bernardino, CA |
12/05/00 | 12/08/00 | X | Suspension was based on plant official’s intimidation of an FSIS employee. On 12/12/00, plant appealed the matter. On 12/19/00, based on assurances by the plant, inspection was allowed to resume. Case closed. | ||||
|
Gaisers European 5385/P-5385 Union, NJ |
8/16/99 | 5/24/00 | 8/25/99 | X | X | Both suspensions remain in abeyance. | ||
| 08/27/00 | ||||||||
|
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. | |||||
|
Guadalupe Ranch House Meat Co. 13353 Menard, TX |
2/22/00 | X | On 12/07/00 suspension case closed with a letter of warning. | |||||
|
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 |
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. | ||||
|
Homemade Brand Foods, Inc. 8865 Newburyport, MA |
10/17/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Homestead Gourmet Foods Co. Inc. 9947/P-9947 Linden, NJ |
4/10/00 | 5/16/00 | 4/14/00 | X | Remains in abeyance. | |||
| 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 | On 08/18/00, suspension for raw ground product held in abeyance. Suspension for heat treated shelf-stable product remains in effect. | |||||
|
Instituto de la Carve 17932 Caguas, PR |
1/26/00 | 1/26/00 | 3/7/00 | X | Remains in abeyance. | |||
|
J.R. Butcher Shoppe 6380/P-6380 Ludlow, MA |
9/13/00 |
X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
John’s Produce Company Est. P-1295 Campbell, Missouri |
09/18/00 |
X | On 10/5/00 inspection was voluntary withdrawn due to closure of the plant. | |||||
|
K & K Kustom 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 based on intimidation/threat. Remains in effect. On 9/29/00, plant was granted a 120 day voluntary suspension. | ||||
| 9/19/00 | X | |||||||
|
Kallia German Butcher 11201 Port Charlotte, FL |
1/27/00 | 1/27/00 | X | Remains in abeyance. | ||||
|
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. On 08/08/00 the plant was granted a 120 day voluntary suspension. | ||||
|
La Spaiga D’oro Co. Inc. 17514/P-17514 San Rafael, CA |
7/15/99 | 7/15/99 | 7/20/99 | X | On 11/03/00 suspension case closed with a letter of warning. | |||
|
Leo G. Fraboni Sausage, 8997 Hibbing, MN |
10/31/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
Lieb Brothers Packing Co. 1991 Pittston, PA |
8/18/00 | 10/25/00 | X | Remains in abeyance. 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 | Both suspensions remain in abeyance. | ||||
| 7/27/00 | 8/16/00 | 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 |
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. | ||||
|
New American Poultry. P-9030 Sacramento, CA |
12/13/00 | 12/18/00 | X | Suspension was based on plant official’s intimidation of a FSIS employee. | ||||
|
New Bedford Linguica Co. 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 On Sang Poultry P-9885 San Francisco, CA |
4/15/99 | 4/16/99 | X | Remains in abeyance. | ||||
|
Nicholas Packing Co. 4465 Longanton, PA |
12/04/00 | 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. | ||||
|
On A Roll Sales, Inc. 19053/P-19053 Brockton, MA |
X | On 10/12/00 a notice of intended enforcement was issued to the plant. Decision regarding enforcement pending. | ||||||
|
Pacific Northwest Meats 6041/P-6041 Sumner, WA |
6/19/00 | 3/23/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | ||||
| 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. | |||||
|
Purdy & Sons, 4705 Sherburne, NY |
11/09/00 | X | Remains in abeyance. | |||||
|
R & M Meat Co. 20808 Lubbock, TX |
8/31/99 | 9/2/99 | X | Remains in abeyance. | ||||
|
Reicherdt Duck Farm P-8289 Petaluma, CA |
12/18/00 | X | Remains in abeyance. Plant previously received notice of intended enforcement, for failure to comply with E.coli testing requirements. | |||||
|
Reindaldo Garcia, Inc. 06742/P-06742 Mayaguez, PR |
1/26/00 | 1/26/00 | 1/28/00 | X | Remains in abeyance. | |||
|
Rio-Tex Wholesale 13545 Mercedes, TX |
03/09/00 | 03/14/00 | X | On 12/07/00, suspension case closed with a letter of warning. | ||||
| 04/11/00 | 04/13/00 | X | ||||||
|
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 | On 12/28/00, suspension case closed with a letter of warning. | ||||
| 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 | ||||||
|
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 |
5/10/00 | 5/24/00 | X | Remains in abeyance. | ||||
|
Sardinha Sausage Inc. 17995/P-17995 Fall River, MA |
2/25/00 | 2/29/00 | X | Remains in abeyance. | ||||
|
Schneider Packing Co. 439 St. Louis, MO |
1/25/00 | 1/25/00 | X | Both suspensions remain in abeyance. Second suspension was based on the plant’s failure to meet sanitation performance standards. | ||||
| 4/28/00 | 12/05/00 | X | ||||||
|
Sterling Pack, Inc. 6494/P-6494 Sterling, CO |
8/24/00 | 9/1/00 | X | Remains in abeyance. | ||||
|
TAJ Gourmet Foods, Inc. 19362/P-19362 Framingham, MA |
8/25/00 | X | Remains in abeyance. Plant previously received a notice of intended enforcement. | |||||
|
The Blue Willow Sausage Kitchen 258 Enterprise, OR |
1/27/00 | 1/27/00 | X | Remains in abeyance. On 08/08/00, plant was granted a 120 day voluntary suspension. | ||||
|
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. | ||||
|
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. | ||||
|
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 | |||||||
|
Wintergarden Quality. 9976 Allentown, PA |
11/22/00 | X | Remains in abeyance. Plant previously received notice of intended enforcement. | |||||
|
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. | |
| Marathon
Enterprises, Inc. and Gregory Papalexis 8854 7879 850 |
East Rutherford, New Jersey | 11/17/00 | 11/20/00 | Complaint to withdraw inspection based on Mr. Gregory Papalexis’s felony conviction for perjury. The Consent Decision prevents Mr. Papalexis from acquiring additional financial interest in Marathon Enterprises, Inc., and requires Mr. Papalexis and other managers to participate in training program or educational courses encompassing ethics in business practices. |
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 |
|---|---|---|---|---|---|---|
|
Fordco foods Company Thomas L. Ford, Pres. Jimmy S. Martinez, Op. Mgr. |
Bakersfield, CA | 11/07/00 | Seven (7) count indictment charging with offering adulterated poultry products for sale or transportation, and aiding and abetting. | |||
| 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. | |||
|
Krusinski, Helen M. dba Krusinski’s Finest Meats |
Cleveland, OH | 10/11/00 | Misdemeanor violation of Ohio State Code. Failed to register and sold meat products not in compliance with the state code. Fined $50,000 of which, $49,500 suspended, and a two-year inactive probation period. | |||
| Marvin L. Swick | Ponca, NE | 5/10/00 | One felony count for food tampering. | |||
|
Mantas, Theodorus Jr. (Helmos Food Products) |
Chicago, IL | 11/22/00 | Pled guilty to a one (1) count misdemeanor for causing poultry products to become adulterated. | |||
|
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. | |||
| 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. | |||
| RGV Warehouse, Inc. | McAllen, TX | 6/22/00 | 15 felony counts for distributing rodent adulterated meat and poultry products. | |||
| State of Minnesota vs. Rodney Scherping | Winsted, MN | 12/20/00 | 12/20/00 | No-contest plea to charge of unauthorized sale of meat. Received one (1) year probation, $500 fine. |
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, involving the manager of a retail store in Detroit, Michigan, who allegedly offered for sale adulterated and unfit for human consumption meat and poultry products. This individual was placed on a six- month PTD and ordered to make restitution in the amount of $50,000.
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 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.usda.gov.fsis |
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