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FDA warns firms about import violations and pest violations


As a part of its enforcement actions, the Meals and Drug Management sends caution letters to entities underneath its jurisdiction. Some letters don’t seem to be posted for public view till weeks or months after they’re despatched. Industry homeowners have 15 days to reply to FDA caution letters. Caution letters frequently don’t seem to be issued till an organization has been given months to years to proper issues. The FDA continuously redacts portions of caution letters posted for public view.


Ding Tea Balboa
San Diego, CA

An import corporate in California is on understand from the FDA for now not having FSVPs for quite a few imported meals merchandise.

In a Dec. 9, 2021, caution letter the FDA described a Sept. 16-17, 2021, Overseas Provider Verification Program (FSVP) inspection of Ding Tea Balboa in San Diego, CA.

The FDA’s inspection published that the company used to be now not in compliance with FSVP rules and resulted within the issuance of an FDA Shape 483a. The numerous violations are as follows:

The company didn’t increase, handle, and observe an FSVP. In particular, they didn’t increase an FSVP for each and every of the next meals:

  • Thai Tea Powder imported from (redacted)
  • (redacted) imported from (redacted), situated in (redacted)
  • Hazelnut Syrup imported from (redacted), situated in (redacted)

The entire caution letter may also be seen right here.

5,000 Years Meals Inc.
Chicago, IL

A meals corporate in Illinois is on understand from the FDA for critical violations of the Present Just right Production Apply, Danger Research, and Possibility-Primarily based Preventive Controls for Human Meals legislation, in particular in regard to Listeria and pests.

In a Jan. 27 caution letter, the FDA described a June 14 thru Aug. 3, 2021, inspection of five,000 Years Meals Inc. kimchi operation in Chicago, IL.

The FDA’s inspection published that the company used to be now not in compliance with the Present Just right Production Apply, Danger Research, and Possibility-Primarily based Preventive Controls for Human Meals legislation and resulted within the issuance of an FDA Shape 483. 

Probably the most important violations:

Danger Research and Possibility-Primarily based Preventive Controls:

  1. The company’s danger research didn’t evaluation recognized or quite foreseeable hazards to decide whether or not there are any hazards requiring a preventive keep watch over for its ready-to-eat (RTE) kimchi merchandise (e.g., sliced cabbage kimchi, dice reduce radish kimchi, and white complete kimchi). The company’s “Danger Record” consisted of quite a few doable hazards however didn’t evaluation which of them in fact require a preventive keep watch over. 

In particular:

  1. The company didn’t evaluation environmental pathogens, similar to Listeria monocytogenes, to decide whether or not they’re a danger requiring a preventive keep watch over. For instance, the company manufactures ready-to-eat sliced cabbage kimchi this is uncovered to the surroundings on the steps of cabbage halving, brining, rinsing, draining, reducing, blending with sauce, and packaging. The kimchi does now not obtain a deadly remedy or in a different way come with a keep watch over measure (similar to a formula deadly to the pathogen) that may considerably reduce the pathogen. Thus, environmental pathogens are a danger more likely to happen within the absence of preventive controls (i.e., sanitation controls). The company’s “Danger Record” recognized however didn’t in a different way evaluation contamination from the “meals dealing with atmosphere.”

FDA’s inspection integrated the choice of environmental swabs on June 15, 2021, throughout the manufacturing of ready-to-eat (RTE) kimchi, and showed 5 of 66 swabs certain for Listeria monocytogenes. Of the certain findings, 3 swabs have been amassed from spaces adjoining to food-contact surfaces the place RTE components have been being ready, together with:

  • The topside of a big white chopping board used to carry baskets of cabbage for draining after brining and rinsing. All through the inspection, cabbage used to be seen striking off the aspect of the hampers and in direct touch with chopping forums.
  • The bottom of a white chopping board used to be used to carry draining baskets of cabbage.
  • Facet of rainy and hard to wash picket crate used to carry chopping forums that have been keeping the draining baskets of cabbage.

Present Just right Production Apply (21 CFR Section 117, Subpart B):

  1. The company didn’t take efficient measures to exclude pests from their production, processing, packing, and keeping spaces to give protection to towards contamination of meals. 

In particular, the entrance door of the ability used to be seen left open all through the inspection. On June 14-15, 2021, roughly 5 obvious flies have been seen within the ready-to-eat kimchi manufacturing room, together with on ready-to-eat reduce cabbage previous to blending and on ready-to-eat white complete kimchi previous to packaging.

  1. The company didn’t take affordable measures and precautions to make sure that all individuals operating in direct touch with meals wash their palms completely, and sanitize if vital, to give protection to towards contamination with unwanted microorganisms sooner than beginning paintings, after each and every absence from the workstation, and at every other time when the palms could have turn out to be dirty or infected.

In particular, throughout the inspection:

  1. A gloved worker used to be seen exiting the ability, touching the outer door of the ability, touching the partitions and doorways of the refrigeration gadgets, after which touching ready-to-eat reduce cabbage with out washing and sanitizing palms or converting gloves.
  2. Gloved workers have been seen the use of hoses, transferring containers of blended product, and wearing packing containers of glass bottles throughout manufacturing. Those workers then used their gloved palms to bundle the kimchi into jars, coming in direct touch with ready-to-eat product. The company indicated that in most cases gloves are rinsed with water between manufacturing actions, however palms and gloves don’t seem to be washed with cleaning soap or sanitized between manufacturing actions.
  3. The company indicated that the similar pair of gloves are used all through the day and are simplest modified day-to-day or when ripped. For breaks, workers take away their gloves and position them on best of tables within the manufacturing room. When getting back from breaks, palms are washed and the similar pair of gloves is donned. On the other hand, the gloves don’t seem to be washed with cleaning soap or sanitized sooner than operations resume.
  4. The company didn’t behavior all meals production, processing, packing, and keeping underneath such stipulations and controls as are vital to reduce the potential of the contamination of meals, as required by means of 21 CFR 117.80(c)(2). In particular:
  5. On June 14, 2021, a part head of cabbage used to be seen to fall out of a bin onto the ground of the ability. An worker grabbed the cabbage with naked unwashed palms and passed it to a gloved worker. The worker rinsed the cabbage with water and positioned it again into the bin for manufacturing of ready-to-eat kimchi.
  6. On June 14-15, 2021, hoses have been seen laying at the ground in status water. Those hoses have been then used to fill cabbage rinse tanks and have been submerged in water. 
  7. All through the inspection, workers have been seen the use of a sponge to wipe off the threads of jars of stuffed kimchi throughout packaging and sooner than capping. The sponge got here involved with ready-to-eat product. On breaks and between manufacturing days, they indicated that the sponge is soaked in a (redacted) answer.
  8. The company’s apparatus and utensils weren’t designed, built, and used accurately to keep away from the adulteration of meals with contaminants. In particular, throughout the inspection the (redacted) blades and different food-contact mechanisms have been seen to were not too long ago painted. The company indicated that “(redacted)” used to be used to hide up rusted spaces at the apparatus. This spray paint isn’t categorized to be used on food-contact surfaces. On the closeout assembly, the company’s officers mentioned that they might discontinue use of this paint and would analysis paints supposed for secure use on food-contact surfaces. 

The entire caution letter may also be seen right here.

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