A permanent injunction was entered against Euroline Foods, LLC, and Royal Seafood Baza, Inc., in the U.S. District Court for the Eastern District of New York on July 18, 2018, to prevent insanitary conditions, including practices that increase the risk of contamination with Listeria monocytogenes bacteria. This follows a complaint filed by the FDA in May 2018, alleging that the defendants’ food preparation at their facility on Lake Avenue in Staten Island, New York, violated the Federal Food, Drug and Cosmetic Act.

The complaint alleges that the defendant’s processed and distributed ready-to-eat fish and fishery products, vegetable salads, and cheese products in a facility that had “chronic insanitary conditions.” The FDA allegedly found Listeria monocytogenes at the facility and found that the defendants lacked measures to reduce the risk of health hazards such as Listeria monocytogenes, Clostridium botulinum, and scombrotoxin.

Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division said in a statement, “The Department of Justice is committed to ensuring that food processors follow laws that protect consumers. The Department of Justice and the FDA will continue to work to ensure that prepared food sold to consumers is safe.”

United States Attorney Richard P. Donoghue for the Eastern District of New York said, “In response to the government’s lawsuit, the defendants have ceased their at-risk processing operations and destroyed affected food preparation equipment. Going forward, they are permanently barred by the consent decree from processing any foods, other than prepackaged foods that will remain in their original containers, at their Staten Island facility, and any foods that might present a Listeria monocytogenes hazard at any other facility until they establish that they can comply with all applicable laws and regulations.”

The defendants agreed to settle the litigation by the entered consent decree of permanent injunction. If they intend to resume food processing and preparation of any non-prepackaged food at their facility, they must notify the FDA in origin at least 90 days in advance, comply with specific measures set forth in the injunction, and let the FDA inspect the facility.

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