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Seafood facility owner receives warning letter after inspection

Seafood facility owner receives warning letter after inspection

Foodzpace by Foodzpace
April 8, 2026
in Sea Food
0

A seafood processing facility in Flushing, NY, is on notice from the FDA for severe violations of federal law, including filthy situations, inadequate refrigeration control, and the capability for botulism toxin to expand in merchandise.
A July sixteen warning letter made public in recent days gave Dian Yan Lin, president of AB Seafood Trading Inc., 15 days to accurate the issues and respond in writing to the Food and Drug Administration concerning the food safety troubles.
The FDA warning letter cites observations by way of inspectors who have been in the facility on May 15, 17 and 24. That inspection revealed critical violations of the seafood Hazard Analysis and Critical Control Point (HACCP) law, Title 21, Code of Federal Regulations, Part 123 (21 CFR 123).
“Accordingly, your refrigerated and uncooked, ready-to-devour seafood products which includes tuna, Spanish mackerel, salmon, sea bass, trout, fluke, amberjack and vacuum packaged yellowtail (Hamachi) are adulterated, in that they have been prepared, packed, or held underneath unsanitary situations wherein they’ll be rendered injurious to fitness,” in step with the caution letter.
“Your full-size violations are as follows (bold kind — (b)(four) — indicates statistics withheld from public view by using the FDA):
1. You need to conduct or have carried out for you a risk evaluation for each type of fish and fishery product that you produce to decide whether there are food protection hazards which are fairly probable to occur and have a HACCP plan that, at a minimum, lists the meals protection risks which are moderately probably to occur, to comply with 21 CFR 123.6(a) and (c)(1). A food safety hazard is defined in 21 CFR 123.3 (f) as “any organic, chemical, or biological agents that can cause food to be dangerous for human consumption.” However, your firm’s HACCP plan for uncooked, refrigerated, salmon, sea bass, trout, fluke, and mackerel meant to be eaten raw, ready-to-eat without additional cooking, does not list the food safety risk of parasites.
2. You must have a HACCP plan that, at a minimum, lists the important limits that should be met to comply with 21 CFR 123.6 (c)(three). A vital restrict is defined in 21 CFR 123.3 (c) as “the most or minimal cost to which a physical, biological, or chemical parameter ought to be controlled at a critical manage factor to prevent, eliminate, or lessen to a suitable stage the occurrence of the diagnosed meals protection threat.” However, your firm’s HACCP plan for refrigerated, uncooked, ready-to-eat, vacuum-packed yellowtail (Hamachi) lists a vital restriction of: “Temperature stays below (b)(4)°F or (b)(4) which preserve inner temperature of product (b)(four)°F or (b)(4)” at the receiving crucial manage factor that does not make certain the control of Clostridium botulinum toxin formation threat. In practice, you get hold of this product with (b)(four) and Time-Temperature Indicators (TTIs) (b)(four) yellowtail (Hamachi) and as such, FDA currently recommends the subsequent:

3. You must put in force the tracking techniques and frequency which you have listed in your HACCP plan, to conform with 21 CFR 123.6(b) and (c)(four). However, your company did not comply with the monitoring system of “(b)(four) the information can be (b)(four) recorded. The operation supervisor is responsible to check the records (b)(4)” listed on the Refrigerated Storage Critical Control Point (CCP) to manipulate the subsequent hazards: pathogen growth and toxin formation for your uncooked, prepared-to-devour salmon, sea bass, trout, fluke, mackerel, tuna, and vacuum packaged yellowtail (Hamachi); scombrotoxin (histamine) formation in your uncooked, equipped-to-eat tuna, mackerel, and vacuum packaged yellowtail (Hamachi); and Clostridium botulinum toxin formation in your refrigerated, raw, ready-to-devour, vacuum-packed yellowtail (Hamachi). In practice you do now not screen the recorded records on your non-stop time and temperature tracking tool used to reveal the cooler temperature for cooler (b)(4) in which raw, prepared-to-eat fish is stored and for cooler (b)(four) in which uncooked, prepared-to-consume tuna and salmon are processed and stored. This is further evident through a evaluate of your non-stop temperature-recording monitoring statistics using our investigators for the duration of the cutting-edge inspection that revealed that the critical limit, on the Refrigerated Storage CCP, of “Maximum cooler temperature (b)(four)° F”, was no longer usually met and no corrective movement became taken.
4. You should reveal sanitation conditions and practices throughout processing with sufficient frequency to ensure compliance with current exact manufacturing practice requirements in 21 CFR Part 117, to conform with 21 CFR 123.Eleven(b). However, your company did not monitor the circumstance and cleanliness of meals contact surfaces, prevention of cross-infection from insanitary gadgets, protection of meals, food packaging fabric, and meals contact surfaces from adulteration and exclusion of pests with sufficient frequency to ensure compliance with the present day properly manufacturing practice requirements in 21 CFR Part 117 as evidenced with the aid of:
On 05/17/19, the (b)(four) cutting board used to reduce raw, equipped-to devour tuna loins and raw, prepared-to-devour salmon turned into located to have deep scoring taking into consideration areas that can not be adequately wiped clean and sanitized.
On 05/17/19, your supervisor tested your sanitizing solution used to sanitize meal contact surfaces, consisting of the slicing boards and knives used to process raw, equipped-to-devour tuna and salmon. The check strip led to no color change, indicating a measure of (b)(4)ppm or much less. In addition, a review of your information for March, April, and May, report which you always done an attention of (b)(4)ppm: however, and your manager explained that no testing was completed and that it turned into assumed that attention was constantly (b)(four)ppm.
On 5/17/19, an accumulation of stagnant liquid was mentioned at the cracked floor in the processing room, wherein uncooked, equipped-to-eat fish is processed and packaged, in addition to within the walk-in cooler.
On 5/17/19, one of your employees touched a couple of surfaces which including but no longer limited to a marker used to write down on the packing containers, cope with of the walk-in cooler, the table floor below the office window, and the surface of the packing containers. The same employee then handled raw, ready-to-eat tuna with the same gloved arms. Another employee was located touching the rim of the garbage can, and the trolley was taken care of, after which he treated uncooked, prepared-to-eat tuna without sanitizing or changing his gloves.

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