Civil actions mark FSIS enforcement during the first three months of 2024

USDA’s Food Safety and Inspection Service (FSIS) is more than halfway through its federal fiscal year. While it hasn’t taken any new criminal actions, it has reported various civil injunctive actions, penalties, and other adjudications in its January to March 2024 summary.

On Feb. 20, FSIS filed a complaint to suspend indefinitely and withdraw federal inspection based on the failure of Donald’s Meat Processing LLC to comply with humane slaughter and handling requirements.

Simultaneously, the Lexington, VA-based Donald’s Meat entered a Consent Decision and Order (Order), effective for three years. The Order requires improved procedures for handling, restraining, and stunning animals, a humane handling coordinator, maintaining slaughter equipment, employee training, and third-party audits, and includes summary withdrawal terms for future violations.

Reyes Farm & Associates Inc. of RIO GRANDE, PR, entered into a Civil Penalty Stipulation Agreement under which it agreed to pay a stipulated civil penalty of $2,260 for violations of the Egg Products Inspection Act (EPIA)

Keeley Food Service Inc. of Chicago, IL, entered into a Civil Penalty Stipulation Agreement under which it agreed to pay a stipulated civil penalty of $1,325 for violations of the EPIA.

In a matter involving Kim Long Market Malden, LLC, and Chien Hong Pham, Thomas Pham, and Tien Manh Pham, all of Malden, MA, the U.S. District Court for the District of Massachusetts, FSIS entered into a settlement agreement to resolve alleged violations of the FMIA and a prior 2019 consent decree that required the defendants to comply with FSIS laws. 

The terms of the agreement include payment of a $65,000 civil penalty with an additional $262,000 in penalties held in abeyance, voluntary closure of the business, and restrictions on future employment in the retail food industry.

Only five Noncompliance Records (NR) were issued to the enormous meat and poultry plants during the first three months of 2024 for administrative actions at the largest establishments under USDA regulation. Those written up include Fratelli Beretta USA, Mount Olive, NJ; Long Prairie Packing LLC,  Long Prairie  MN; New Angus LLC, Aberdeen, SD; Swift Beef Company, Dumas, TX; And Hillsire Brands, St. Joseph, MO.

During the quarter, FSIS took 44 administrative actions, most of which were against small and very small plants.

The Food Safety and Inspection Service’s Quarterly Enforcement Report summarizes the enforcement actions FSIS has taken to ensure that meat, poultry, and egg products reaching consumers are safe, wholesome, and properly labeled. 

The report is presented in sections corresponding to the category of enforcement action. Activities reported within each category are either pending actions noted in earlier reports or new enforcement actions during the reporting period.

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