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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

Sushi on the Spot 12-Dec-01

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
Seattle District
Pacific Region
22201 23rd Drive SE
Bothell, WA 98021-4421
Telephone: 425-486-8788
FAX: 425-483-4996

December 12, 2001
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In reply refer to Warning Letter SEA 02-17
WARNING LETTER

Jeffery T. Wickstrom, Owner
Sushi on the Spot
3901 Rose Hill Street
Boise, Idaho 83705

Dear Mr. Wickstrom:

We inspected your firm located at 3901 Rose Hill Street, Boise, Idaho, on November 7, 2001, and found you have serious deviations from Title 21 of the Code of Federal Regulations (21 CFR) Part 123- Fish and Fishery Products (Seafood HACCP regulations). A FDA 483 form (copy enclosed) listing the deviations was presented to you at the conclusion of the inspection. These deviations cause your sushi products (California Roll, Smoked Salmon Roll, Shrimp Roll, and Wild Tuna Roll) to be in violation of Section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act). You can find this Act and the Seafood HACCP regulations through links in FDA?s homepage at www.fda.gov.

The deviations are as follows:

1) 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 your sushi products (California Roll, Smoked Salmon Roll, Shrimp Roll, and Wild Tuna Roll) to control the food safety hazard of pathogen growth.

2) You must adequately monitor sanitation conditions and practices during processing, to comply with 21 CFR 123.11(b). In addition, you must have sanitation control records that document monitoring and corrections, to comply with 21 CFR 123.11(c). Your firm did not monitor sanitation or maintain sanitation control records. The records are required to document the following eight sanitation elements:

  • Safety of process water
  • Condition and cleanliness of food contact surfaces
  • Prevention of cross-contamination
  • Maintenance of hand washing, hand sanitizing, and toilet facilities

Protection of food, food packaging and food contact surfaces from chemical, physical and biological hazards

Proper labeling, storage and use of toxic compounds

Control of employee health conditions

Exclusion of pests from the food plant

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 Part 110). You also have a responsibility to use procedures to prevent further violations of the Federal Food, Drug, and Cosmetic Act and all applicable regulations.

We may take further action if you do not promptly correct this violation. For instance, we may take further action to seize your product(s) and/or enjoin your firm from operating.

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 this deviation. You may wish to include in your response documentation such as your HACCP plan, monitoring records, or other useful information that would assist us in evaluating your corrections. If you cannot complete all corrections before you respond, we expect you will explain the reason for your delay and state when you will correct any remaining deviations.

Please send your reply to the Food and Drug Administration, Attention: Lisa M. Althar, Compliance Officer, 22201 23rd Drive SE, Bothell, Washington 98021-4421. If you have questions regarding any issue in this letter, please contact Lisa M. Althar at (425) 483-4940.

Sincerely,
Charles M. Breen
District Director