FDA: U.S. Marshals Seize Food Products Held at North Carolina Warehouse

At the request of the U.S. Food and Drug Administration, U.S. Marshals seized all FDA-regulated food susceptible to rodent and pest contamination or other filth held at the Durham, North Carolina, warehouse of CFSD, Inc., which does business as Chan’s Food Service.  The products were seized under a warrant issued by the U.S. District Court for the Middle District of North Carolina.

According to the government’s complaint, 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 by filth.

An FDA inspection from July 25, 2011 through Aug. 3, 2011 found evidence of an active and widespread rodent infestation in CFSD, Inc.’s warehouse. FDA investigators observed rodent nesting sites, numerous rodent excreta pellets on and around food products, rodent gnawed containers of food, as well as one live and eight dead rodents in the vicinity of food product storage. They also observed food product spills, open boxes of food, rotten food items, trash throughout the facility, and noted many potential entryways for pests, including open doors, gaps in doors, broken windows and a hole in the outside wall.

“The FDA remains vigilant in protecting consumers from unacceptable sources of food,” said Dara A. Corrigan, the FDA’s associate commissioner for regulatory affairs.  “Today’s action reinforces that commitment. And we will continue to take actions against companies that do not meet federal standards for food safety, wholesomeness, sanitation and proper labeling.”

FDA is responsible for overseeing more than $2 trillion worth of foods, drugs, biologics, medical devices, cosmetics, dietary supplements, tobacco products and consumer goods annually.