The permanent injunction was entered against the Houston-based producer of egg rolls in the district court last week, according to the US Departure of Justice (DOJ).
It means Chung’s should not receive, process, prepare, pack, hold and distribute food from their Houston-based or any other facility until they take the remedial action required by the order.
Chung’s manufactures vegetable and shrimp egg rolls, which are regulated by the FDA, and chicken and pork egg rolls, which are regulated by the USDA and imports prepared shrimp spring rolls from China, which it sells under the Chung’s brand name.
Long-running case
The Food and Drug Administration (FDA) conducted inspections from 2005 through 2009 at Chung’s facility located in Houston and the government sued Chung’s in March 2010.
The FDA said during inspections it documented sanitation concerns, including the use of unsanitary hoses, condensation problems, and poor employee hygiene.
According to the complaint, the defendants violated the Food, Drug and Cosmetic Act by preparing, packing and holding shrimp egg rolls under insanitary conditions, whereby they may have become contaminated with filth and rendered injurious to health.
Judge’s verdict
Judge Harmon found that the defendants had a long history of violating the Food, Drug and Cosmetic Act, including producing food under insanitary conditions and failing to control for the risks of Clostridium Botulinum, in their seafood products and listeria in their manufacturing environment.
“The government demonstrated a persistent strain of L. mono is present in Chung’s factory from 2005 to 2009. Rather than cooperate with the FDA to resolve this problem, Chung’s raised implausible objections to the FDA’s testing procedures,” explained Harmon.
“Based on Chung’s record of noncompliance, the Court finds a cognizable danger of future violations necessitating a permanent injunction.”
The court also enjoined the company’spresident of operations, Charlie A. Kujawa, and former director of quality assurance,Gregory S. Birdsell.
“We will continue to take strong action against those who would risk the safety of the American food supply by manufacturing and storing products under insanitary conditions or flouting important food safety rules,” said acting assistant attorney general Stuart F. Delery of the Justice Department’s Civil Division.
“The court’s ruling ensures that these defendants will take appropriate steps to ensure that consumers who purchase their foods will receive products that are prepared, packaged and held under sanitary conditions as required by law.”
Due to time differences we were unable to contact anyone from Chung Food Products before deadline.