Fishy manufacturer shut down until it literally cleans up shop

An Alabama district court has permanently enjoined a seafood manufacturer from distributing adulterated and misbranded seafood products. The Department of Justice (DOJ), at the FDA’s request, filed a complaint alleging that BEK Catering LLC d/b/a Floppers Foods LLC and its owners caused food to be held under insanitary conditions. The injunction prevents the company and its owners from processing, packing, and holding fish or fishery products.

Inspection and complaint

In 2015, the FDA found that the company failed to control the risk of the growth of three different types of bacteria, and did not have adequate control over hazards that could be created by allergens and additives. The bacteria found during the inspection can cause foodborne illness, botulism, and listeriosis. The complaint noted that five different inspections beginning in 2011 revealed insanitary conditions and repeated regulatory violations.

Consent decree

The consent decree requires the company and its owners to cease operations beyond those incidental to product transport and delivery. In order to resume operations, they must notify the FDA 90 days in advance, comply with a set of remedial measures, and undergo inspection. The remedial measures include hiring an expert to ensure that operations conform with seafood hazard analysis critical control point (HACCP) and current good manufacturing practice (cGMP) regulations, all deficiencies are addressed, an employee training program is developed, and the FDA approves all changes.