Lack of Process Safety Contributes to Shutdown of Fish Products Company

Following a bench trial, a U.S. District Judge in the Eastern District of New York issued an injunction prohibiting two seafood production companies and their senior management from producing food products at a Brooklyn facility that the U.S. Government claimed was noncompliant with the Food, Drug, and Cosmetic Act for introducing adulterated food into interstate commerce.  Specifically, the judge found that the conditions at the facility constituted unsanitary conditions that had become contaminated and were injurious to health pursuant to 21 U.S.C. § 342(a)(4).  The judge’s findings of fact confirm that the companies failed to implement proactive risk management and safety planning in the preparation and processing of ready-to-eat smoked and cured fish products.

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