U.S. Marshals Seize FDA-Regulated Food Stored at Rodent-Infested Warehouse in Georgia

/PRNewswire/ -- U.S. Marshals, acting under a court order sought by the U.S. Food and Drug Administration, today seized an estimated $700,000 worth of rice and other packaged food products from a rodent-infested warehouse in East Point, Ga. The FDA-regulated food products were stored in a warehouse operated by Sun Hong Kai Holding Inc., which does business as United Food Service.

The U.S. District Court for the Northern District of Georgia issued a warrant for the seizure of all FDA-regulated food stored in the warehouse in permeable containers. The federal government's complaint alleges that the products are adulterated under the Federal Food, Drug, and Cosmetic Act because they have been held under insanitary conditions and may have become contaminated with filth.

An FDA inspection of United Food Service's facility between Sept. 22, 2010, and Oct 1, 2010, revealed "an active and widespread rodent infestation, including live and dead rodents within the warehouse where food products are stored," according to the complaint.

"United Food Service not only failed to protect the food in this warehouse, it failed to act promptly to correct the violations," said Dara A. Corrigan, the FDA's associate commissioner for regulatory affairs. "This prompted the FDA, working together with its state partner, the Georgia Department of Agriculture, to take these aggressive enforcement actions to protect the health of consumers."

FDA investigators found 28 live rodents, one dead rodent, apparent rodent droppings, 26 apparent rodent gnaw holes in multiple packages of food products, rodent urine stains on food packaging and four rodent nesting sites. FDA laboratory analyses of samples collected during the inspection confirmed the investigators' observations. FDA investigators also found structural defects making the facility accessible to rodents.

On Sept. 30, 2010, the Georgia Department of Agriculture placed all food in the warehouse under an order that prevents sale of the products. A day later, FDA investigators provided the warehouse manager a list documenting the violations.

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U.S. Marshals Seize Food From Rodent-Infested GA Warehouse

/PRNewswire/ -- U.S. Marshals, acting under a court order sought by the U.S. Food and Drug Administration, today seized packaged food products from a rodent-infested warehouse in Athens, Ga. A variety of products, including crackers, cookies and potato chips, were intended for sale to jails and prisons throughout the southeastern United States.

The U.S. District Court for the Middle District of Georgia issued a warrant for the seizure of all of the food in the warehouse from Mid-States Services Inc., that the FDA and the Georgia Department of Agriculture (GDA) determined to be susceptible to contamination by rodents. The food was valued at $859,000.

The government's complaint alleges that the products are adulterated under the Federal Food, Drug, and Cosmetic Act because they have been held under insanitary conditions, whereby they may have become contaminated with filth.

The two agencies investigated the Mid-States Services facility from July 14 through July 21, 2010, and found "widespread active rodent infestation both inside and outside the facility" according to the government's complaint.

Investigators found 14 live rodents, seven dead rodents, 23 gnaw holes on multiple food containers, multiple containers of food containing rodent pellets, four rodent nests, and apparent rodent pellets too numerous to count, on and around food packages, as well as finding structural defects making the facilities accessible to rodents.

"This is an example of quick action by the FDA and our state partner to prevent contaminated food from reaching consumers," said Michael A. Chappell, acting associate commissioner for regulatory affairs. "The FDA took this action because the company failed to provide adequate safeguards to ensure that products they produce or hold for sale remain free of contamination."

On July 15, 2010, GDA placed all food in the warehouse under a stop sale order. Four days later, the firm voluntarily destroyed some of the food but, as alleged in the complaint, a significant amount of food was not destroyed. On July 21, 2010, FDA investigators provided the warehouse manager a list of inspectional observations documenting the violations, but the company did not formally respond.

"As soon as we heard about this unlicensed warehouse and the conditions under which food was held, we took action with FDA," said Tommy Irvin, Georgia commissioner of agriculture. "We used our authority under the Georgia Food Act to immediately stop the sale and movement of food from the warehouse. We also promptly alerted the facilities in Georgia that had received food from this warehouse."

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