The War against Contamination

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The War Against Contamination

A Summary of Recent Court Actions Against Violators

The Food and Drug Administration (FDA) maintains a constant vigil against packagers, importers, and processors of food products. Because of limited resources in personnel and funds, the number of violators identified is small compared to the problem. The following cases have been presented in various jurisdictions by the FDA for further action:

SEIZURE ACTIONS

Foods/Poisonous and Deleterious Substances

PRODUCT: Shelfish, canned, Jade brand, at Honolulu, Dist. Hawaii; Civil No. 87-0371-HMF. CHARGED 5-5-87: When shipped from Iqueque, Chile, into a Hawaiian Free Trade Zone, the article (keyhole limpets), labeled "Jade ... Baby Abalone Like Shellfish ... Fissurella Maxima ... Produce for: Jade Food Products," contained a poisonous or deleterious substance; the article was decomposed; the article was keyhole limpets and was not abalone-like shellfish as declared on the labels --403(a)(1); the labels of the article lacked the place of business of the distributor, Jade Food Products, Inc.; and the name of such distributor and the article's ingredient statement failed to appear on the label's information panel in the type size required by regulation. DISPOSITION: Consent -- ordered destroyed.

Foods/Contamination, Spoilage, Insanitary Handling

PRODUCT: Apricots, pitted, at Ridgewood, E. Dist. N.Y.; Civil No. CV-89-0542. CHARGED: When shipped by Julkar Enterprises, Inc., Englewood, N.J., the article contained insect and other filth. DISPOSITION: Default -- ordered destroyed. (F.D.C. No. 65601; S. No. 89-545-705; S.J. No.2) PRODUCT: Bee propolis capsules, at Hayward, W. Dist. Wis. CHARGED: When returned to Beehive Botanicals, Inc., Hayward, Wis., after encapsulation and bottling at Arlee, Mont., the article labeled "Beehive Botanicals ... Propolis Capsules ... manufactured for Beehive Botanicals, Inc. Hayward, WI.," contained rodent filth and insect filth other than bee setae. DISPOSITION: Default -- ordered destroyed. PRODUCT: Cheese slices, at New Ulm, Dist. Minn. CHARGED: While held for sale, the article contained animal filth. DISPOSITION: Default -- ordered destroyed. PRODUCT: Corn, giant, at Candor, N. Dist. N.Y. CHARGED: While held for sale after being imported, the article contained the added poisonous and deleterious substance aflatoxin -- 402(a)(1). DISPOSITION: Default -- ordered destroyed.

Foods/Economic and Labeling Violations

PRODUCT: Cereal, at Pawtucket, Dist. R.I. CHARGED: When shipped from Newark, N.J., by Henry Gonsalves Co., Pawtucket, R.I., the article was labeled "Nestle Cerelac farinha lactea ... Fabricado em Portugal por Nestle Portugal, S.A.," and none of the required label words, statements or information was prominently placed on the label under conditions likely to be understood, since they were not in English. DISPOSITION: Default -- ordered destroyed. PRODUCT: Squash, strained, in jars, Gerber, at Atlanta, N. Dist. Ga. CHARGED: When shipped by Gerber Products Co., Asheville, N.C., the amount of vitamin C contained in the article was less than 80 percent of the amount declared on the label. DISPOSITION: Default -- ordered destroyed.

CRIMINAL ACTION

DEFENDANTS: Robert J. DeJean and Jan P. DeJean (t/a Southeast Crab Co. or Southeast Louisiana Crab Co.), Raceland, E. Dist. La.; Criminal No. 84-173. CHARGED 5-4-84: When shipped to Baltimore, Md., crab meat contained filth and had been prepared and packed under insanitary conditions -- 402(a)(3), 402(a)(4). DISPOSITION: Guilty pleas; each defendant fined $2,500 and placed on probation for two years. DEFENDANTS: Hot An Cold, Inc., Fred A. Alexy, president, and Vernon L. Brown, manager, Glens Falls, N. Dist. N.Y.. CHARGED on or about 10-22-85: Navy beans were held under insanitary conditions and were contaminated with insect filth. DISPOSITION: Guilty plea by the corporation -- $1,000 fine; guilty plea by the president -- $1,000 fine; and guilty please by the manager -- $250 fine. …