Consent Decree Imposes Ban on Henry Farms’ Bean Sprouts
The federal judiciary blocked the sale of bean Sprouts from Henry’s Farm, Inc., a Woodford, Virginia corporation, this Thursday afternoon. Sprouts from Henry’s Farm have been subject to multiple recalls since 2012, and once again are being recalled due Listeria contamination. Federal officials have a good case for the ban, given the fourth reappearance of the potentially deadly disease that can often spread through the food supply.
Pervasive Rodent Infection, Dirty Food Equipment and Track Record of Violations Makes Easy Case for FDA
Pursuant to the Court’s ruling, which the Court handed down after state health officials and the US Food and Drug Administration (FDA) found multiple violations of food safety regulations at the farm. As a result, Henry’s Farm, Inc. is completely prohibited from processing, receiving, manufacturing, preparing, holding, packing, and distributing ready-to-eat soybean and mung-bean sprouts.
Part of the inspection by officials from the Virginia Department of Agriculture and Consumer Services, the Virginia Rapid Response Team and FDA officials involved the collection of product and environmental samples. The tests run on these samples yielded a positive result for Listeria moncytogenes, which can cause serious illness or death.
Persistent rodent infestation and dirty food processing equipment was simply more proof to toss on the already intimidating pile of evidence that the corporation, which also recalled sprouts due to Listeria contamination during four of the past five years (2012, 2014 and 2015) is simply is not fit for operation.
The ban on selling Henry’s sprouts came, surprisingly to some, as the result of action by the FDA acting in conjunction with the federal judiciary. The results of the FDA’s consistent monitoring of the situation at Henry’s Farm led The United States District Court for the Eastern District of Virginia to enter a consent decree of permanent injunction between the United States, Henry’s Farm, Inc., and its owner Soo C. Park.
What is a Consent Decree and what can it Accomplish?
Once entered, the consent decree is binds all consenting parties and cannot be reviewed unless a party shows that the consent was obtained by fraud or the decree resulted from and was based on a mutual error or a failure of consent. There are a number of remedies that the government may seek if Mr. Park or Henry’s Farm elect to restart operations and distribution in violation of the consent decree. Most of these remedies include a monetary component (fines, also known in this context as “disgorgements”), reimbursement to the government for the cost of inspection, and penalties for noncompliance.
Usually, consent decrees include fines (“disgorgements”), reimbursements to the government for inspection costs, due dates for specific actions, and penalties for noncompliance. Usually, consent decrees usually are permanent; however, when the firm has achieved compliance at times specified in the agreement, it can petition the court to remove the decree.
On the other side of the coin, a firm that repeatedly violates cGMP (current Good Manufacturing Practice) regulations promulgated and enforced by the FDA, the Agency hsd the authority to make a legal agreement forcing the business to make specific changes, and such agreement, the consent decree, is and will continue to be enforced by the federal courts.
“When a company continues to produce food that presents a risk for consumers, the FDA will take whatever steps necessary to protect public health,” according to Melinda K. Plaisier, FDA associate commissioner for regulatory affairs. “Ultimately,” she said, “the FDA is tasked with protecting consumers “from potentially harmful food entering the food supply,” and in this case they appear to be accomplishing just that.
For information about the Henry’s Farm outbreaks, consent decree or any other food poisoning outbreaks, call Ron Simon & Associates’ team of food poisoning lawyers at 1-888-335-4901.
