On Friday the U.S. Department of Justice demanded a preliminary injunction on behalf of the U.S. Food and Drug Administration (FDA) against New York City Fish, Inc. The injunction is intended to halt the parties that are distributing the products into interstate commerce.
The suit filed against the Brooklyn Company claimed that the company has "a history of processing fishery products under insanitary conditions, with inadequate safety procedures."
If accepted the injunction could keep the fish processor from distributing its products until it complies with the requirements of the Federal Food, Drug and Cosmetic Act. The Act is comprised of a set of laws that regulate the safety of food, drugs, and cosmetics.
According to Medical Daily, New York City Fish operates out of a food processing facility in Brooklyn and makes smoked and cured fish products including salmon and mackerel.
The complaint states that the FDA conducted seven inspections of the facility between 2006 and 2013. The most recent inspection took place in February 2013.
According to the FDA, during six of these inspections, inspectors collected samples that later were discovered to have Listeria monocytogenes (L. mono).
L. mono is the bacterium that causes the disease Listeriosis, which can be serious or even fatal, for vulnerable groups, particularly unborn babies, newborns, and those with impaired immune systems.
Inspectors also found the facility repeatedly failed to have and implement a Hazard Analysis Critical Control Point (HACCP) plan for their seafood products, verify required records in a timely manner, and implement required corrective actions.
According to the FDA, all manufacturers of seafood products must have and implement a HACCP plan for each of its locations that address each process and kind of product processed at the facility and associated food safety hazards that are reasonably likely to occur.
Depending on how long it takes for the company to comply with the injunction, New York City's fish business could potential be financially ruined.
