Court

  • Posted: January 13th, 2011 - 4:07pm by Doug Powell

    At the request of the U.S. Food and Drug Administration, the U.S. Department of Justice today filed a complaint for permanent injunction against a Jamaica, N.Y.-based beverage company to prevent it from processing and distributing juice and other products.

    Hank J. Hagen and Milton S. Reid and their company, Mystical One LLC (also known as Mystical One Juice LLC), are charged with violating the Federal Food, Drug, and Cosmetic Act by failing to have a Hazard Analysis and Critical Control Point (HACCP) plan for certain juice products, such as the company’s carrot juice products, and by failing to comply with current Good Manufacturing Practice (cGMP).

    The FDA requires all juice processors to prepare and implement HACCP plans that identify and control food hazards associated with their juices, and it requires all food manufacturers to follow cGMP. The FDA is not aware of illnesses associated with Mystical One’s juice products.

    Among the violations observed by FDA investigators were failures to:


    • adequately heat low-acid vegetable juices to destroy or prevent growth of dangerous microorganisms;

    • properly clean food-contact surfaces; and
,
    • maintain and monitor sanitation conditions at the manufacturing facility to prevent sources of possible food and water contamination.

    Failure to identify and control food hazards could lead to the formation of Clostridium botulinum bacteria that can germinate in the carrot juice made by the company. The neurotoxin formed by these bacteria, when ingested in even very small amounts, could cause paralysis, difficulty breathing and death from asphyxiation. In 2006, six cases of botulism in the United States and Canada were linked to refrigerated carrot juice.

    The complaint also charges Mystical One, Hagen and Reid with failing to conform to cGMP requirements for making, packing, or holding human food.

    Beverage products produced under conditions that do not comply with HACCP or GMP requirements are considered adulterated under the Act.

    Violations cited by the FDA involved the following brands:
    • Fresh Carrot Juice,
    • Magnum Food Drink,
    • Pineapple Ginger Drink,
    • Sorrel & Ginger,
    • Sea Moss, and,
    • Peanut Punch.

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  • Posted: October 13th, 2010 - 9:55pm by Doug Powell

    The health department tribunal is, according to the New York Times, a little-publicized court system that metes out penalties for violations of the city sanitary code.

    It has been there for years, in a nondescript government office in Lower Manhattan where more than a dozen administrative law judges escort their charges into cramped rooms and hear them wrangle over infractions, in a ritual reminiscent of visiting the principal’s office.

    But in the weeks since the city adopted a new system requiring restaurants to post large, brightly colored letter grades rating their cleanliness and safety, the tribunal has become a high-stakes food court of last resort where hundreds of restaurant owners and their representatives trudge each day to defend what they say are their very livelihoods.

    Whether from Dunkin’ Donuts or Le Bernardin, whose case was called last week, they stand in line behind two strips of grimy gray tape on the floor to check in at a reception desk. Then they wait, sometimes all day, to defend their kitchens, many in hopes of nudging a humiliating C up to a bearable B, or turning that middle-of-the-class B into a gold-star A.

    At one recent hearing, the judge asked Jay Gavrilov, director of dining services at a residence for the elderly in Battery Park City, if he had anything to say. He responded with an impassioned speech: he was not seeking to reduce his fines or dismiss the violations that had earned him a B.

    “My purpose here is to try to get an A to put up,” he said plaintively, “for the well-being and mental well-being of my 80-to-105-year-old residents.”
     

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  • Posted: September 9th, 2010 - 3:06pm by Doug Powell

    I’ve screwed up. I’ve done time. Maybe not enough, that’s another discussion.

    With Peanut Corporation of America CEO Stewart Parnell back in the nut business after killing 9 and sickening 700, there’s a move afoot for stricter penalties for those who knowingly market unsafe food.

    BBC News reports that Ramazan Aslan, the former owner of some hole-in0the-wall takeaway in Walse that was the likely source of an E. coli outbreak that sickened four, will face charges in court.

    He will face a number of food hygiene offences.

    The National Public Health Service for Wales said in 2009 that the Llay Fish Bar, Llay - now operating under new ownership - was the likely source.

    Four people, including a three-year-old girl, had the same strain of E.coli after buying food from the premises in July last year.

     

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