Health Law

Consent Degree Reached Between Listeria Plagued Peregrina Cheese Inc. & FDA; Brooklyn Factory To Remain Open; Now Recalls Everything Since March 17, 2009

By Marler Clark

Brooklyn's Listeria plagued Peregrina Cheese Inc. and the U.S. Attorney for the Eastern District of New York have entered into a 16-page Consent Degree with many requirements---including the recall of all food products the food company has distributed since March 17, 2009.

The Consent Degree was filed with the U.S. District Court for Eastern New York on Monday.

U.S. District Attorney Benton J. Campbell, representing the U.S. Food & Drug Administration, had asked the federal court to shut down the Peregrina Cheese factory at 342 Ten Eyck Street in Brooklyn.

FDA cited Peregrina's problems with listeria contamination and inspections failures. The federal government also sought to bar Javier and Isabel Peregrina from the food business as individuals.

The Consent Degree requires Peregrina Cheese Inc. and the Peregrinas to:

• Retain an independent laboratory to collect product and environmental samples.
• Retain an independent sanitation expert to inspect the cheese factory and determine whether methods, facilities, and controls conform with federal law.
• Require the sanitation expert and laboratory to review FDA and New York State findings since March 2003 and develop a written Listeria Monitoring Program.
• Require reports and written document be provided to FDA.
• Recall to the retail level all foods distributed since March 17, 2009.
• Permits FDA to conduct all necessary inspections.
• Requires Peregrina to pay all associated costs, including those incurred by FDA.

Assistant U.S. Attorney Seth D. Eiehenholtz represented the government and Arthur Morgan, Esq. represented the cheese-makers in the negotiations leading to the Consent Degree. 

Full post as published by Food Poison Blog on July 14, 2009 (boomark / email).