United States Seizes Contaminated Food
Articles at Northeast,Washington, D.C. Food Distributor
Washington, D.C. - United States Attorney Roscoe C. Howard, Jr. and
Food and Drug Administration Commissioner Mark B. McClellan, M.D., Ph.D.,
jointly announced that on Wednesday, November 26, 2003, at the request
of the Food and Drug Administration (FDA), United States Marshals seized
articles of adulterated food from Phoenix Enterprises, L.L.C., a food
distributor and storage warehouse located at 1260, 1262, and 1264 5th
Street, N.E., Washington, D.C.
The U.S. Marshals seized scores of containers of food at this facility
after a government investigation determined that the articles of food
had been subject to widespread and active rodent infestation. The United
States has also filed a civil Verified Complaint for Forfeiture in Rem
against the adulterated food articles in the United States District
Court for the District of Columbia, seeking condemnation of the food
articles in accordance with the Federal Food, Drug, and Cosmetic Act
(Act).
"This enforcement of federal consumer laws gives notice that the
citizens of the District of Columbia must and will be protected from
adulterated food," said U.S. Attorney Roscoe C. Howard, Jr.
The Government's Verified Complaint alleges that an inspection conducted
by the FDA has disclosed widespread and active rodent infestation at
Phoenix Enterprises, L.L.C. According to the Verified Complaint, multiple
dead rodents, as well as a number of rodent nests, rodent gnaw holes,
and hundreds of rodent excreta pellets were observed in storage areas
throughout this facility, in, on and around the articles of food. The
seized articles of food include food in permeable containers, such as
paper, cloth, boxes, cartons and plastic, which are subject to penetration
by rodents or their filth.
"FDA will use its enforcement powers to take action against those
firms that violate Federal food safety laws designed to protect the
food supply," said FDA Commissioner Dr. McClellan. "Firms
that allow their food products to become contaminated with animal filth
and infested by rodents and other pests have no place in the food business."
FDA took action to seize the food products after Phoenix Enterprises
repeatedly ignored FDA's warnings to take corrective action to prevent
food from being contaminated. The most recent inspection of Phoenix,
conducted in September 2003, revealed inadequate pest control and failure
to maintain the warehouse structure to prevent pests from contaminating
food products stored inside.
Phoenix Enterprises markets and distributes dried oriental noodles
and other miscellaneous dried food products. The following products
are examples of some of the products in the warehouse: Tapioca Ball,
Nong Shim Chin Cup, Nong Shim Neoguri Udon Seafood and Spicy, Tapioca
Starch, Vifon Pho Bo An Lien Oriental Style Beef Noodle, Pute Tamarind
without Seed, Rock Sugar Yellow Lump, Egret Brand His Nhua Rice Stick,
and Peeled Split Mung Bean. To protect the public, FDA will continue
to seize any food product that is prepared, packed or held under insanitary
conditions whereby it may become contaminated with filth or whereby
it may have been rendered injurious to health.
In announcing the seizure and court filing, U.S. Attorney Howard and
FDA Commissioner McClellan praised FDA Investigators Gale Glinecki and
John Dimaano and Compliance Officers Elizabeth Laudig and Vinetta Howard-King,
who investigated the case. Mr. Howard and Dr. McClellan also praised
Supervisory Deputy U.S. Marshal Reginald Bradshaw, FDA Assistant Chief
Counsel Daniel Gabriel and Assistant United States Attorney Laurie Weinstein,
who will handle the litigation.
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