Civil actions highlight FSIS enforcement through the first three months of 2024

The USDA Food Safety and Inspection Service (FSIS) is more than halfway through the federal fiscal year. Although it did not take any new criminal actions, it did report several civil enforcement actions, penalties and other judgments in its summary from January to March 2024.

On February 20, FSIS filed a complaint to indefinitely suspend and revoke the federal inspection based on Donald’s Meat Processing LLC’s failure to comply with humane slaughter and treatment requirements.

At the same time, Donald’s Meat, based in Lexington, VA, has implemented a Consent Decision and Order (Order), which will be in effect for three years. The decision requires improved procedures for handling, restraining and stunning animals, a humane treatment coordinator, maintenance of slaughter equipment, employee training and third-party audits, and includes short revocation conditions for future violations.

Reyes Farm & Associates Inc. of RIO GRANDE, PR, has entered into a Civil Penalty Stipulation Agreement pursuant to which it agreed to pay a assessed civil penalty of $2,260 for violations of the Egg Products Inspection Act (EPIA)

Keeley Food Service Inc. of Chicago, Illinois, entered into a Civil Penalty Stipulation Agreement pursuant to which it agreed to pay a assessed civil penalty of $1,325 for violations of the EPIA.

In a case involving Kim Long Market Malden, LLC, and Chien Hong Pham, Thomas Pham, and Tien Manh Pham, all of Malden, MA, the United States District Court for the District of Massachusetts, FSIS entered into a settlement agreement to resolve alleged violations of the FMIA and a previous 2019 consent decree that required defendants to comply with FSIS laws.

Terms of the agreement include payment of a $65,000 civil penalty with an additional $262,000 in suspended penalties, voluntary closure of the business and restrictions on future employment in the food retail industry.

Only five non-compliance (NR) citations were issued to the massive meat and poultry plants in the first three months of 2024 for administrative actions at the largest facilities under USDA regulations. Names listed include Fratelli Beretta USA, Mount Olive, NJ; Long Prairie Packing LLC, Long Prairie MN; New Angus LLC, Aberdeen, SD; Swift Beef Company, Dumas, TX; And Hillsire Brands, St. Joseph, MO.

During the quarter, FSIS took 44 administrative actions, most of which were against small and very small factories.

The Food Safety and Inspection Service’s quarterly enforcement report summarizes the enforcement actions FSIS has taken to ensure that meat, poultry and egg products reaching consumers are safe, wholesome and properly labeled.

The report is presented in sections corresponding to the category of enforcement actions. The activities reported within each category are ongoing actions noted in previous reports, or new enforcement actions during the reporting period.

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