Food Law Prof Blog

FDA shuts down seafood processor -- no HACCP plan

FDA is serious about HACCP (Hazard Analysis and Critical Control Point) plans. 

FDA News Release:

The U.S. Food and Drug Administration today directed Hope Food Supply Inc., a Pasadena, Texas, food processing company, to shut down and immediately recall all products manufactured from its Texas facility since 2007.

The company, under a different name, had manufactured dried smoked catfish steaks and other smoked seafood products and had been subject to a consent decree of permanent injunction requiring it to develop and implement an adequate Hazard Analysis and Critical Control Point (HACCP) plan for its fish and fishery products. The firm had not developed this plan. The company cannot restart manufacturing until they have implemented an FDA-approved HACCP plan.

"We simply will not allow a company to put the public's health at risk by not implementing adequate procedures and plans to produce safe food," said Margaret O'K. Glavin, associate commissioner for regulatory affairs. "The FDA will take action against companies and against their executives who violate the law and endanger public health."

The FDA's HACCP regulations require that all seafood processors develop and implement adequate HACCP plans that identify all food safety hazards that are likely to occur for each kind of seafood product that they process, and set forth preventative measures to control those hazards.

The HACCP violations documented by the FDA pose a public health hazard because, without adequate controls, Hope Food Supply's seafood products could harbor pathogenic bacteria such as Staphylococcus aureus and Listeria monocytogenes. Food products with these kinds of pathogens can cause serious illnesses in people who eat them.

The company's products have been distributed nationwide. The FDA is advising consumers who bought smoked seafood products to check with the place of purchase to determine if the products came from Hope Foods. If so, consumers should throw the products out by placing them in a trash receptacle.

Consumers who have been eating Hope Seafood Supply's dried smoked catfish or other smoked seafood products and have experienced adverse reactions should consult their health care professional. Consumers and health care professionals can also report adverse events to the FDA consumer complaint coordinator in their geographic area. Contact numbers may be found online at www.fda.gov/opacom/backgrounders/complain.html.

For more information, consumers can call the FDA's toll-free Food Safety Hotline at 1-888-SAFEFOOD.

FDA Action against Cream Cheese Companies for HACCP, seafood processing, and labeling violations

FDA News Release:

The U.S. Food and Drug Administration today announced the shut down of cream cheese and seafood operations at Lifeway Foods, Inc. and its subsidiary, LFI Enterprises, Inc., both Illinois companies, until they are found compliant with food-safety laws. A consent decree of permanent injunction, signed by both corporations and two of their top executives, Julie and Edward Smolyansky (the defendants), halts cream cheese and seafood processing in facilities in Skokie, Ill., and Philadelphia, Pa.

The FDA's enforcement action follows the defendants' extensive history of violations of the Federal Food, Drug, and Cosmetic Act dating back to at least 2004. The complaint, filed by the U.S. Department of Justice, alleges that the defendants:

• Labeled and distributed cream cheese products with inadequate labels, including labels that did not disclose major food allergens, trans fat levels, and complete ingredient lists;
• Processed and distributed products with seafood, including whitefish salad, ground nova salmon, and lox cream cheese and lox cream cheese spreads, without adequate Hazard Analysis and Critical Control Point (HACCP) plans to ensure the safe and sanitary processing of seafood containing products; and
• Failed to document that they monitored sanitation conditions to keep food contact surfaces clean, to prevent cross-contamination from unsanitary objects, and to maintain hand washing, hand sanitizing, and toilet facilities.

"We simply can’t allow companies to put the public's health at risk by not having adequate procedures and plans to produce safe food and proper labeling," said Margaret O'K. Glavin, associate commissioner for regulatory affairs. "We will work to take action against companies and their executives that violate the law."

Under the consent decree, operations may resume only after the FDA determines that the defendants have come into full compliance will all food-safety requirements. The consent decree requires the defendants to hire a seafood-processing expert to prepare a HACCP plan and to submit the plan to the FDA.

The HACCP violations pose a public health hazard because, without adequate controls, the defendants' seafood products could foster dangerous bacteria, such as Vibrio species, Salmonella, Escherichia coli, Campylobacter jejuni, Staphylococcus aureus, and Listereria monocytogenes. Food products with these kinds of pathogens can cause serious illnesses for people who eat them. Further, foods sold with labels that do not disclose major food allergens and complete ingredient lists can cause severe or life-threatening allergic reactions in people who are allergic to the undisclosed allergens.

The decree does not include other products manufactured by Lifeway including kefir, Farmers cheese, and spreadable cheese products.

The decree was signed by Judge Wayne R. Andersen on May 15, 2008, in the U.S. District Court for the Northern District of Illinois.

GAO Report on Offshore Marine Aquaculture

The Government Accountability Office has recently released a report considering the administrative and environmental issues inherent in developing a regulatory system for offshore marine aquaculture.  From the introduction:

Globally, aquaculture production has grown significantly over the past 50 years, from less than 1.1 million tons around 1950 to about 65.5 million tons in 2004. A majority of global aquaculture fish and shellfish are raised in a freshwater environment and species raised in a marine environment make up about 36 percent of aquaculture production. Marine aquaculture is dominated by high-value fish, such as salmon. Many countries are producing marine fish, though a NOAA official indicated that most production is occurring in shallow, sheltered areas relatively close to shore. A few countries, such as Ireland, have expressed interest in or are developing policy frameworks to regulate offshore aquaculture in the open ocean. To date, however, a NOAA official said that no countries have substantial offshore aquaculture industries with facilities sited in open-ocean environments.

The United States’ aquaculture industry includes both onshore and nearshore operations and produces both fish, such as salmon and catfish, and shellfish, such as oysters. Onshore aquaculture facilities are primarily involved in raising freshwater species, such as catfish. Marine aquaculture facilities in the United States are generally located in waters close to shore and in sheltered conditions, and they most frequently raise oysters, mussels, clams, and salmon. The salmon aquaculture industry in the United States is concentrated in Maine and Washington, although the industry is relatively small compared with the global salmon aquaculture industry, accounting for less than 1 percent of the world’s production.

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Dog meat on the menu in Korea (illegally)

From The Wall Street Journal online: Seoul Hounds Meat Vendors For Cleaner Chow

Dog meat is illegal in Seoul, but not in the rest of South Korea, according to the Wall Street Journal.  Nevertheless, many Seoul restaurants serve it anyway.  Lately though, dog meat has been linked to salmonella and staph infections, leading to calls to classify dogs as livestock in order to bring dog meat under food safety regulations.  Here's a brief excerpt.  The article is worth reading.

No official estimates exist on the size of South Korea's dog-meat industry. A 2006 survey by KBS-TV, one of the three main national networks, found that one in three respondents had eaten dog meat. It also found that consumption patterns were no different between people who had dogs as pets and those who didn't. Only 9% of respondents thought it should be banned.

"It's very high in protein and it doesn't leave you with a sense of fullness," says Kim Moon-suk, a 60-year-old who eats dog meat several times a year and says he likes it better than beef but not as much as chicken. One recent night, he sat down for a bowl at a casual restaurant called Kwang-kyo Grandmother's House, tucked way in a small alley in downtown Seoul. He said he came after a doctor's check-up earlier in the day revealed high blood pressure. "The doctor said I should eat some tonight," Mr. Kim said.

I suppose this bothers me a bit because I share my home with two dogs.  Here's an interesting post on eating dog meat on WeirdMeat blog, including photos and a link to recipes.