Federal Attorneys File Complaint Against Native American Enterprises LLC
Federal officials at the Consumer Protection Branch of the Department of Justice (DOJ) filed a complaint with federal courts on March 21st in an attempt to stop Native American Enterprises LLC (“NAE”) from distributing food contaminated with Listeria.
Federal attorneys filed the complaint in US District Court in Kansas. The company is not the only party to the complaint, which also names company production manager Robert Conner and part-owner William McGreevy.
The Food and Drug Administration (FDA) and USDA Food Safety and Inspection Service (FSIS) want the Court to issue an order permanently restraining and enjoining the company from distributing, holding, packaging, preparing, manufacturing, processing or receiving any food until inspectors determine the facility has been brought into compliance with federal law.
Scott and William McGreevy currently own NAE, a family-owned company founded in 1930. Federal officials notified the brothers, both members of the Lower Brule Sioux Tribe, of multiple food safety violations in recent years.
The company’s customers include restaurants, the U.S. military and Kansas public schools. The majority of food produced by NAE and distributed to consumers consists of ready-to-eat taco meat, refried beans and sauces.
Despite the history of violations at his company’s facility, McGreevy defended his devotion to “following the rules and protecting the customers” in a recent interview. NAE and the other named defendants have not yet retained legal counsel.
Multiple Food Safety Violations Repeatedly Issued to Company
Years of inspections, warnings and notices from the FDA preceded filing of the government’s complaint. In 2014, FDA inspectors noted failure to maintain equipment or conduct appropriate cleaning and sanitizing. Things came to a head, however, in 2015.
An April 2015 inspection by the FDA revealed insanitary conditions inside NAE’s facilities, including insanitary practices by company employees. In addition, tests by the agency yielded positive results for Listeria Monocytogenes and other Listeria species.
FDA inspectors followed up on the troubling results of the April inspection in August of 2015. Inspectors collected 100 environmental samples at the company facilities. Of the 100 samples, 39 tested positive for the presence of Listeria. 34 samples tested positive for Listeria Monocytogenes; the other five tested positive for other species of Listeria.
Inspectors also observed leaks in the portion of the facility roof above a packaging room for refried beans. Cracks and holes in the walls and floor junctures prevented adequate cleaning due to the collection of water and debris. The standing water created an ideal situation for the growth and multiplication of Listeria bacteria.
Government Agencies Motivated to Combat Foodborne Pathogens
Multiple agencies on the state and federal level are collaborating on the case against NAE. Entities cooperating on the suit include the DOJ, Department of Health and Human Services, FDA, and the U.S. Attorney for Kansas.
The DOJ has identified food safety violations at processing facilities as a significant threat to public health. Principal deputy attorney Benjamin Mizer, who also serves as the head of the DOJ civil division, stated that insanitary conditions “present significant risks to consumers and food manufacturers” when found in food processing facilities.
Mizer continued, promising that the DOJ “will continue to work aggressively work with the FDA to combat and deter conduct that leads to the distribution of adulterated food to consumers.”
