Quarterly Enforcement Report Q1 Fiscal Year 2016
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October 1, 2015 through December 31, 2015 United States Department of Agriculture Food Safety and Inspection Service I. NONCOMPLIANCE RECORDS AND APPEALS Table 1. Verification Procedures Performed, Noncompliances Documented, and Compliance Rates by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) Quarter Verification Noncompliances Compliance Procedures Documented Rates Performed First Quarter (Oct – Dec 2015) 1,666,407 24,860 98.5% Second Quarter (Jan – Mar 2016) Third Quarter (Apr – Jun 2016) Fourth Quarter (Jul – Sep 2016) TOTAL 1,666,407 24,860 Average 98.5% Table 2. Number of NR Appeals and Status of NR Appeals by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) Quarter Appeals Appeals Appeals Appeals Appeals Resulting 1 Filed Granted Denied Pending in Modified NR First Quarter (Oct – Dec 2015) 284 94 103 54 33 Second Quarter (Jan – Mar 2016) 0 Third Quarter (Apr – Jun 2016) 0 Fourth Quarter (Jul – Sep 2016) 0 TOTAL 284 94 103 54 33 _______________________ 1 Table 2 contains NR appeals data obtained from OFO District Office staff. Appeals include those at the District, Front Line Supervisor, and In-plant levels. Note: The figures for each quarters’ Appeals Granted, Appeals Denied, Appeals Pending, and Appeals resulting in Modified NRs total to the Appeals Filed figure. Information is not carried over from one quarter to another. 1 II. PORT-OF-ENTRY REINSPECTION Table 3a. Imported Meat and Poultry Product Reinspection Tasks by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) 5 Total Product Product Total Product Refused Product Total Accepted 3 4 Quarter Presented for Subjected to Refused Entry Rectified (Pounds) 2 Routine Additional TOIs (Pounds) (Pounds) 1 (Pounds) Reinspection (Pounds) First Quarter (Oct – Dec 2015) 986,087,775 66,368,780 8,117,915 7,075,801 985,045,661 Second Quarter (Jan – Mar 2016) Third Quarter (Apr – Jun 2016) Fourth Quarter (Jul – Sep 2016) TOTAL 986,087,775 66,368,780 8,117,915 7,075,801 985,045,661 ________________________ 1 Routine reinspection includes the Certification and Label Verification Types of Inspection (TOIs) as well as verification of product condition and identification of shipping damage. 2 Type of Inspection (TOI); This column is a subset of the total product presented, and identifies the amount of product subjected to more in depth physical and/or laboratory TOIs in addition to the routine reinspection TOIs (Certification and Label Verification). 3 Total product refused entry. The importer of record has options including destruction, re-export if allowed, conversion to animal food with Food and Drug Administration approval, or rectification (see footnote 4). 4 Initially refused entry, but subsequently brought into compliance and accepted. Issues amenable to rectification include labeling and certification, among others. 5 Total Accepted includes all product that was initially inspected and passed plus product that was initially refused entry but later rectified. Table 3b. Imported Egg Product Reinspection Tasks by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) 5 Total Product Product Total Product Refused Product Total Accepted 3 4 Quarter Presented for Subjected to Refused Entry Rectified (Pounds) 2 Routine Additional TOIs (Pounds) (Pounds) 1 Reinspection (Pounds) (Pounds) First Quarter (Oct – Dec 2015) 7,117,117 2,187,518 997,536 964,111 7,083,692 Second Quarter (Jan – Mar 2016) Third Quarter (Apr – Jun 2016) Fourth Quarter (Jul – Sep 2016) TOTAL 7,117,117 2,187,518 997,536 964,111 7,083,692 ________________________ 1 Routine reinspection includes the Certification and Label Verification Types of Inspection (TOIs) as well as verification of product condition and identification of shipping damage. 2 2 Type of Inspection (TOI); This column is a subset of the total product presented, and identifies the amount of product subjected to more in depth physical and/or laboratory TOIs in addition to the routine reinspection TOIs (Certification and Label Verification). 3 Total product refused entry. The importer of record has options including destruction, re-export if allowed, conversion to animal food with Food and Drug Administration approval, or rectification (see footnote 4). 4 Initially refused entry, but subsequently brought into compliance and accepted. Issues amenable to rectification include labeling and certification, among others. 5 Total Accepted includes all product that was initially inspected and passed plus product that was initially refused entry but later rectified. III. PRODUCT CONTROL ACTIONS Table 4. Livestock and Poultry Carcass Inspections and Condemnations by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) Quarter Livestock Poultry Carcasses Carcasses Carcasses Carcasses Inspected Condemned Inspected Condemned First Quarter (Oct – Dec 2015) 38,135,115 52,080 2,246,283,091 8,942,101 Second Quarter (Jan – Mar 2016) Third Quarter (Apr – Jun 2016) Fourth Quarter (Jul – Sep 2016) TOTAL 38,135,115 52,080 2,246,283,091 8,942,101 Table 5a. OIEA Detention Actions for Meat, Poultry, and Egg Products in Each Region by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) First Quarter Second Quarter Third Quarter Fourth Quarter Total FY 2016 OIEA (Oct – Dec 2015) (Jan – Mar 2016) (Apr – Jun 2016) (Jul – Sep 2016) Region Number of Pounds Number of Pounds Number of Pounds Number of Pounds Number of Pounds Detentions Detained Detentions Detained Detentions Detained Detentions Detained Detentions Detained Western 40 104,190 40 104,190 Southwest 23 270,235 23 270,235 Southeast 25 59,930 25 59,930 Northeast 25 156,065 25 156,065 TOTAL 113 590,420 0 0 0 0 0 0 113 590,420 3 Table 5b. OFO Detention Actions for Meat, Poultry, and Egg Products in Each District by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) First Quarter Second Quarter Third Quarter Fourth Quarter Total FY 2016 OFO (Oct – Dec 2015) (Jan – Mar 2016) (Apr – Jun 2016) (Jul – Sep 2016) District Number of Pounds Number of Pounds Number of Pounds Number of Pounds Number of Pounds 1 Detained Detentions Detained Detentions Detained Detentions Detained Detentions Detained Detentions Alameda 0 0 Denver 0 0 Des Moines 0 0 Springdale 0 0 Dallas 0 0 Chicago 0 0 Philadelphia 0 0 Raleigh 0 0 Atlanta 0 0 Jackson 0 0 TOTAL 0 0 0 0 0 0 0 0 0 0 ________________________ 1 There were no OFO detentions first quarter, FY 2016. Blank cells totaling zero indicate no detentions. IV. NOTICES OF PROHIBITED ACTIVITY Table 6a. Number of Prohibited Activity Notices Issued by OFO by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) First Quarter Second Quarter Third Quarter Fourth Quarter Total FY 2016 (Oct – Dec 2015) (Jan – Mar 2016) (Apr – Jun 2016) (Jul – Sep 2016) 12 12 Table 6b. Prohibited Activity Notices Issued by Establishment or Firm Name (October 2015 – December 2015) Establishment/Firm Name City and State Notice Date CAFE MAWAL HOUSTON, TX 11/10/15 DADU ICE CREAM, INC. VAN NUYS, CA 11/13/15 E&J DISTRIBUTION PUYALLUP, WA 11/16/15 GIANT FOOD MECHANICSBURG, PA 10/23/15 4 Establishment/Firm Name City and State Notice Date GRAND DISTRIBUTION LLC MENLO PARK, CA 11/13/15 HOTPIE INCORPORATED FORT PIERCE, FL 10/14/15 KALINKA SAN JOSE, CA 11/13/15 KAPOWSIN MEATS. INC. GRAHAM, WA 11/12/15 RALPHS NEWPORT BEACH, CA 12/01/15 ROYAL FROZEN FOOD LOS ANGELES, CA 11/13/15 SAFEWAY DISTRIBUTION CENTER TRACY, CA 11/10/15 SAFEWAY INC PLEASANTON, CA 11/23/15 V. ADMINISTRATIVE ACTIONS Table 7. Administrative Actions Summary by Quarter for FY 2016 FY 2016 (October 2015 – September 2016) 1 2 Quarter Total Actions Initiated Total Actions Closed First Quarter (Oct – Dec 2015) 90 89 Second Quarter (Jan – Mar 2016) Third Quarter (Apr – Jun 2016) Fourth Quarter (Jul – Sep 2016) TOTAL 90 89 ________________________ 1 Total Actions Initiated includes NOIEs, Suspensions, and Withholdings taken or initiated within the quarter. 2 Total Actions Closed includes Letters of Warning, voluntary withdrawals, and other closure actions within the quarters, including closure of enforcement actions initiated in a previous quarters or previous fiscal years. 5 Table 8. Administrative Actions: Large Establishments (October 2015 – December 2015) Administrative Actions Pending or Taken at Large Plants Suspension In Suspension in Establishment/ NOIE Deferral Basis for Action Closure Appeals and Actions Effect Abeyance Establishment Number Location SSOP HACCP SPS INH INT Other LOI LOW ADVANCE PIERRE FOODS INC 00276 M00276 P PORTLAND, ME 07/10/15 09/02/15 X CARGILL MEAT SOLUTIONS 00354 M FRESNO, CA 11/06/15 11/16/15 X CARGILL MEAT SOLUTIONS CORPORATION 00086R M FORT MORGAN, CO 12/11/15 12/18/15 X CLEMENS FOOD GROUP 00791 M00791 P HATFIELD, PA 11/30/15 12/10/15 X HILLSHIRE BRANDS COMPANY 08080 M08080 P NEWBERN, TN 10/13/15 10/16/15 X HORMEL FOODS CORPORATION-FREMONT NEBRASKA PLANT 00199N M04240 P Firm violated a regulatory control action by FREMONT, NE 09/08/15 09/08/15 X 11/25/15 removing U. S. Retained tags. IOWA PREMIUM BEEF LLC 00008 M TAMA, IA 05/11/15 05/17/15 X X X 12/23/15 JBS GRAND ISLAND INC 00969G M GRAND ISLAND, NE 12/30/15 X JBS SOUDERTON INC 01311 M SOUDERTON, PA 12/03/15 12/21/15 X X ABBREVIATION KEY SPS Sanitation performance standards INH Inhumane treatment/slaughter INT Interference/Assault 6 LOI Letter of Information LOW Letter of Warning Administrative Actions Pending or Taken at Large Plants Suspension In Suspension in Establishment/ NOIE Deferral Basis for Action Closure Appeals and Actions Effect Abeyance Establishment Number Location SSOP HACCP SPS INH INT Other LOI LOW JBS SWIFT & COMPANY 00995 M LOUISVILLE, KY 04/09/15 04/10/15 X NATIONAL BEEF PACKING CO. 00208A M On 10/2/15 a withholding action was taken LIBERAL, KS X X in accordance with 9 CFR Part 500.8.