Allegations Against Philadelphia Retail Food Store Of Selling Improperly Labeled Chicken Held Under Insanitary Conditions

PHILADELPHIA, PA – Since the United States of America’s filing of a civil complaint in federal district court on February 15, 2017 against Philadelphia retail store J & B Poultry Market, Inc., and its president Johnny Wong, the parties have entered into a Consent Decree to resolve allegations that the defendants sold improperly labeled chickens stored under insanitary conditions, in violation of the Poultry Products Inspection Act. Acting United States Attorney Louis D. Lappen today announced the resolution.

The Poultry Products Inspection Act prohibits companies and individuals from selling “misbranded” or “adulterated” poultry. The Complaint alleges that United States Department of Agriculture (“USDA”) inspections of the retail store established that chickens stored by the defendants were misbranded because they lacked safe handling instructions and other information required by law, and were adulterated because they were held under unacceptable conditions, including in the back of a pick-up truck outside, and at ambient temperatures in the store as high as 80 degrees.

The Consent Decree, which is not final until accepted by the United States District Court, resolves the allegations in the Complaint, prohibits defendants from committing future violations of the Act, and calls for monetary penalties, and other appropriate relief, in the event of future violations.

“This resolution furthers the Department of Justice’s and the USDA’s goal of educating individuals and companies on safe food handling practices, and ensuring compliance with those practices,” said Acting United States Attorney Louis D. Lappen.

The case was handled by Assistant United States Attorney Stacey L. B. Smith. The matter was investigated by the United States Food and Drug Administration, with legal assistance provided by Lauren Axley, USDA Attorney Advisor.