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U.S. Department of Health and Human Services

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Enforcement Actions

Derek and Constance Lee Corporation (d.b.a. Great River Food) 11/16/12

  

Department of Health and Human Services' logoDepartment of Health and Human Services

Public Health Service
Food and Drug Administration
 

San Francisco District
1431 Harbor Bay ParkwayAlameda,
CA 94501-7070
Telephone: (510) 337-6700

WARNING LETTER

 


VIA UNITED PARCEL SERVICE
SIGNATURE REQUIRED

November 16, 2012

Mr. Derek L. Lee, President
Derek and Constance Lee Corporation
d.b.a. Great River Food
14500 East Valley Boulevard
City of Industry, CA 91746

Dear Mr. Lee:

The Food and Drug Administration (FDA) conducted an inspection of your facility located at 1082 Revere Ave., San Francisco, CA 94124 on September 18 – September 25, 2012.  We found that you have serious violations of the seafood Hazard Analysis and Critical Control Point (HACCP) regulation, Title 21, Code of Federal Regulations, Part 123, and  the Current Good Manufacturing Practice regulation for foods, Title 21, Code of Federal Regulations, Part 110  (21 CFR 123 & 110).  In accordance with 21 CFR 123.6(g), failure of a processor of fish or fishery products to have and implement a HACCP plan that complies with this section or otherwise operate in accordance with the requirements of Part 123, renders the fish or fishery products adulterated within the meaning of Section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 342(a)(4).  Accordingly, your refrigerated, vacuum packed, ready-to-eat (b)(4) Fried Fish Cakes and (b)(4) Fish Balls are adulterated, in that they have been prepared, packed, or held under insanitary conditions whereby they may have been rendered injurious to health.  You may find the Act, the seafood HACCP regulation and the Fish and Fisheries Products Hazards and Controls Guidance: 4th Edition (the Hazard Guide) through links in FDA's home page at www.fda.gov.

 Your significant violations were as follows:

• You must conduct or have conducted for you a hazard analysis for each kind of fish and fishery product that you produce to determine whether there are food safety hazards that are reasonably likely to occur and you must have and implement a written HACCP plan to control any food safety hazards that are reasonably likely to occur, to comply with 21 CFR 123.6(a) and (b).  However your firm does not have a HACCP plan for your refrigerated, vacuum packed, ready-to-eat (b)(4) Fried Fish Cakes and (b)(4) Fish Balls to control the food safety hazards of pathogen growth and toxin formation, including Clostridium botulinum toxin.

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 operating.

You should respond in writing within fifteen (15) working days from your receipt of this letter.  Your response should outline the specific things you are doing to correct these violations.  You should include in your response documentation such as HACCP and verification records, or other useful information that would assist us in evaluating your corrections.  If you cannot complete all corrections before you respond, you should explain the reason for your delay and state when you will correct any remaining violations.

Section 743 of the Act (21 U.S.C. 379j-31) authorizes FDA to assess and collect fees to cover FDA’s costs for certain activities, including re-inspection-related costs.  A re-inspection is one or more inspections conducted subsequent to an inspection that identified noncompliance materially related to a food safety requirement of the Act, specifically to determine whether compliance has been achieved.  Re-inspection-related costs means all expenses, including administrative expenses, incurred in connection with FDA’s arranging, conducting, and evaluating the results of the re-inspection and assessing and collecting the re-inspection fees (21 U.S.C. 379j-31(a)(2)(B)). For a domestic facility, FDA will assess and collect fees for re-inspection-related costs from the responsible party for the domestic facility. The inspection noted in this letter identified noncompliance materially related to a food safety requirement of the Act.  Accordingly, FDA may assess fees to cover any re-inspection-related costs.

This letter may not list all the violations at your facility. You are responsible for ensuring that your processing plant operates in compliance with the Act and the seafood HACCP regulation (21 CFR Part 123). You also have a responsibility to use procedures to prevent further violations of the Act and all applicable regulations for the fish or fishery products that you import into the United States.

Your written response should be directed to:

Lawton W. Lum
Director of Compliance
1431 Harbor Bay Parkway
Alameda, California 94502

Refer to the Unique Identification Number (CMS 376558) when replying.

If you have any questions about the content of this letter please contact Ms. Aleta T. Flores, Compliance Officer at (510) 337-6821.

Sincerely,

/S/

Barbara J. Cassens
District Director

 

 


Cc:   Fong Lee, District Manager
       Derek and Constance Lee Corporation, d.b.a. Great River Foods
       1082 Revere Ave. San Francisco, CA 94124