By Lisa Wade McCormick
ConsumerAffairs.com
January 6, 2010
U.S. Marshals today seized more than $1 million worth of food and produce from a Tennessee company previously cited for a widespread rodent infestation and other filthy conditions.
Marshals seized all FDA-regulated foods and products from the Won Feng Trading company, a food processor and warehouse in Nashville, Tennessee. Those products included 44-pound bags of rice, fresh produce, and frozen food products that could easily be contamination by rodents and insects.
The U.S. Food and Drug Administration (FDA) requested today's seizure, saying it considered the products "adulterated" under federal law because they were held in unsanitary conditions and "may become contaminated with filth."
FDA inspectors previously found live and rodents, rodent-gnawed food, insect filth, and other unsanitary conditions in the company's building. Those ongoing problem triggered today's action, the FDA said.
"The violations at Won Feng Trading are both serious and repetitive," said Michael Chappell, the FDA's acting associate commissioner for regulatory affairs. "The FDA will take actions against any food companies that fail to provide adequate safeguards to ensure that products they produce or hold for sale remain free of contamination.
Won Feng Trading receives food from throughout the United States and distributes its products in Tennessee, the FDA said. The agency has not received any reports of illnesses linked to food stored or distributed by the company.
Early last year, FDA officials inspected Won Feng's facility and discovered numerous violations, including:
• Multiple rodent droppings and nesting material on and around a pallet that contained dried star aniseed and Solo cup lids. Inspectors also found apparent rodent urine stains on multiple cases.
• At least 10 rodent droppings on a pallet containing cartons of dry minced garlic.
• 29 rodent droppings under a pallet containing cartons of cayenne pepper sauce and one dropping stuck to the bottom of one box on the pallet.
• At least 100 insects, both alive and dead on bags of Kokhuro rice.
.• Three decomposed rodents in a mouse trap between dry storage rooms.
In May 2009, the FDA sent the company a warning letter citing the violations.
"It is your responsibility to ensure all products marketed by your firm comply with the (Federal Food, Drug, and Cosmetic) Act and the applicable regulations," the FDA said at the time. "You should take prompt action to correct the violations addressed in this letter. Failure to promptly correct these violations may result in regulatory action being initiated by the FDA without further notice."
The letter added: "These actions include, but are not limited to, seizure and/or injunction."
In June, Won Feng told the FDA it had corrected the violations cited in that letter.
But during a follow-up inspection of the facility in November, FDA investigators found live and dead rodents, rodent hair, rodent nesting material, signs of rodent-gnawed food, and rodent urine. Investigators also observed insect filth and live birds in the building, and discovered the facility had defects that could allow pests to enter food storage areas.
The U.S. District Court for the Middle District of Tennessee issued the warrant for today's seizure.
