Inspections, Compliance, Enforcement, and Criminal Investigations
Jug Creek Fish Company 11-Dec-01
DEPARTMENT OF HEALTH & HUMAN SERVICES
Public Health Service
Food and Drug Administration
555 Winderley Pl., Suite 200
Maitland, FL 32751
VIA FEDERAL EXPRESS
December 11, 2001
Virginia Morton, President
Jug Creek Fish Company
16498 Tortuga Street
Bokeelia, Florida 33922
Dear Ms. Motion:
We inspected your fish processing facility located at 16498 Tortuga Street, Bokeelia,
Florida, on October 10, 2001. The inspection found that you have serious deviations
from the Seafood HACCP regulations (21 CFR Part 123). The deviation, which was
previously brought to your attention, causes scombroid fish (jack crevalle and fresh
mackerel) to be in violation of Section 402(a)(4) of the Federal Food, Drug, and
Cosmetic Act. You can find this Act and the seafood HACCP regulations through links
in FDA?s home page at www.fda.gov.
The deviation is as follows:
You must have a written HACCP plan to control any food safety hazards that are
reasonably likely to occur to comply with 21 CFR 123.6(b). However, your firm
does not have a HACCP plan for scombroid species of fish to control the food
safety hazard of histamine formation.
We previously sent you an Untitled Letter dated March 6, 1998, which listed the failure
of your firm to have a HACCP plan for scombroid fish. We replied on April 16, 1998 to
your March 23, 1998 response, advising you of the inadequacies of your response. A
copy of the Untitled Letter and our April 16, 1998 response letter is enclosed for your
We may take further action if you do not promptly correct these violations. For instance,
we may take further action to seize your product(s) and/or enjoin your firm from
Please respond in writing within three (3) weeks from your receipt of this letter. Your
response should outline the specific things you are doing to correct these deviations.
You may wish to include in your response documentation of your HACCP plan for
scombroid species of fish or other useful information that would assist us in evaluating
your corrections. If you cannot complete all corrections before you respond, we expect
that you will explain the reason for the delay and state when you will correct any
This letter may not list all the deviations at your facility. You are responsible for
ensuring that your processing plant operates in compliance with the Act, the Seafood
HACCP regulations and the Good Manufacturing Practice regulations (21 CFR 11O).
You also have a responsibility to use procedures to prevent further violations of the
Federal Food, Drug, and Cosmetic Act and all applicable regulations.
Please send your reply to the Food and Drug Administration, Attention: Timothy J.
Couzins, Compliance Officer, 555 Winderley Place, Ste. 200, Maitland, Florida 32751.
If you have questions regarding any issue in this letter, please contact Mr. Couzins at
Emma R. Singleton
Director, Florida District