United States Reaches Agreement With Philadelphia Food Warehouse Accused Of Holding Food In Filthy Conditions

Since the United States of America’s filing of a civil Complaint on May 29, 2013, against Philadelphia food warehouse New Rich City Trading Corporation, its president and owner, Ms. Xiaoping Sun, and its manager, Mr. Si Yan Chuen, the parties have entered into a Consent Decree to resolve allegations that the defendants held food under insanitary conditions, in violation of the Food Drug and Cosmetic Act.  United States Attorney Zane David Memeger announced today that the resolution was accepted by the United States District Court.

  The Complaint alleged that United States Food and Drug Administration (“FDA”) inspections of the facility established that food stored by the defendants was adulterated because the food had been held under insanitary conditions whereby it may have become contaminated with filth.  The insanitary conditions and filth included the widespread presence of animals such as rodents, birds, cats, and dogs, as well as the animals’ feces and urine, throughout the facility, including on and around articles of food.  The Food Drug and Cosmetic Act prohibits companies and individuals from causing articles of food to become “adulterated” while held for sale after shipment of one or more of their components in interstate commerce. 

 The Consent Decree resolves the allegations in the Complaint, and requires defendants to:

• Immediately implement a sanitation control program developed by an expert, which will be subject to FDA approval.
• Recall and destroy adulterated food.
• Undergo periodic audit inspections by an independent auditor who shall report findings to the FDA.

The Consent Decree prohibits defendants from committing future violations of the Act.  Any future violations could result in a shutdown of the facility and/or monetary penalties. 

 “This consent decree advances the Department of Justice’s and the FDA’s goal of ensuring the safety and integrity of our food supplies,” said United States Attorney Zane David Memeger.  “We are pleased to have reached a resolution with the defendants that calls for prompt corrective measures, as well as the implementation of forward-looking procedures designed to ensure future compliance.”

This case was handled by Assistant United States Attorney Stacey L. B. Smith, together with David Sullivan, Trial Attorney from the United States Department of Justice, Consumer Protection Branch.  The matter was investigated by the United States Food and Drug Administration, with legal assistance provided by Scott Kaplan, FDA Associate Chief Counsel

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UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525