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FDA Talk Paper

T05-01
January 5, 2005

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Seizure of Food Products Due to Presence of Insect Infestation

At the request of the Food and Drug Administration (FDA), the U.S. District Court for the Southern District of Ohio issued a warrant on December 29, 2004 for the seizure of articles of food located at Purity Foods, Inc., Clayton, Ohio. The U.S. Marshals Service, accompanied by FDA Investigators, seized various dried food products such a hot and cold cereals, cake mixes, muffin mixes, bread crumbs, stuffing, breading mixes, dehydrated and au gratin potato mixes. This seizure, estimated at approximately $750,000 was conducted because of insanitary conditions.

Purity Foods is a warehouse and packager of various dried food products. Some of these4 foods are packaged under the Purity Foods label and are sold at grocery and discount stores nationwide. However, Purity Foods also packages products under various store brands.

During an inspection of Purity Foods, Inc., FDA discovered evidence of various species of insects in multiple packages of food as well as widespread insect activity on packages of products, on the floors, and in other areas of the warehouse where the articles are either stored or manufactured. By law foods that have been prepared, packed, or held under unsanitary conditions whereby they may have become contaminated with filth, including insect infestation, are adulterated.

The FDA has initiated this action as part of its responsibility to promote and protect the public health. FDA's mission includes ensuring the safety or safety and effectiveness of a broad spectrum of regulated products, including food, human and animal drugs, vaccines, blood products, medical devices, devices that emit radiation, and cosmetics.

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