The consent decree of permanent injunction against the tofu and sprout manufacturer and distributor, and its owner, current manager, and former manager came after the US Food and Drug Administration (FDA) found multiple violations of food safety laws.
Henh Wong Fresh Produce manufactured and distributed tofu, seasoned tofu, fried tofu, fried bean cakes, soy jello and soy bean drinks.
It also grew, harvested, prepared, packed, held and distributed ready-to-eat mung bean and soy bean sprouts.
In addition to the above, it also manufactured and distributed products as Henh Wong Fresh Product and Henh Wong Tofu.
FDA investigation findings
FDA investigators inspected Henh Wong Fresh Produce’s facility and found insect and rodent filth, insanitary employee practices, and improperly cleaned equipment.
They observed black and brown residues on tofu and sprout processing equipment and employees handling unclean equipment then handling food or touching food contact surfaces without washing their hands.
FDA found rodent waste in food storage areas and live and dead cockroaches in processing areas.
Melinda Plaisier, the FDA’s associate commissioner for regulatory affairs, said when a company endangers public health by selling food produced in unclean conditions it must take action.
“After multiple inspections finding a continuing pattern of violations, Henh Wong Fresh Produce has shown that they are unwilling to clean up their practices without legal intervention.”
After each inspection, investigators provided Henh Wong Fresh Produce written notice of insanitary conditions and current good manufacturing practice violations. They also discussed observations with company representatives.
In 2003, the FDA sent Henh Wong Fresh Produce a warning letter which it failed to answer.
After the 2010 inspection, the FDA held a regulatory meeting with the company to discuss continuing violations.
FDA inspected the facility five other times prior to the 2014 inspection — in 2003, 2005, 2008, 2010 and 2011 — and found questionable or violative practices each time.
The most recent inspection in summer 2014 found live cockroaches and flies in the tofu production room; a live cockroach inside a plastic container for holding ready-to-eat tofu; dead cockroaches in the sprout processing room and a dead cockroach in the mung bean dry storage room.
The company has corrected some violations but efforts overall have been inadequate, said the agency.
Department of Justice involvement
The US Department of Justice sought the consent decree on behalf of the FDA.
The consent decree states the defendants ceased operations at the production facility and requires Henh Wong Fresh Produce to remain closed.
It was entered in the US District Court for the Eastern District of California.
If the defendants wish to resume manufacturing and distributing food, the FDA first must determine the firm’s manufacturing practices have come into compliance with the law.
They must hire a sanitation expert and develop and implement a sanitation control and food safety plan before it may resume operations.
“The department will not hesitate to bring enforcement actions against food producers who do not follow the necessary procedures to comply with our nation’s food safety laws,” said Benjamin Mizer principal deputy assistant attorney general, head of the Department of Justice’s Civil Division.