The source of the infection that hospitalised seven people in 2013 was traced to cheese supplied by Roos Food. A prosecution was then launched for a criminal misdemeanour for violating the federal Food, Drug, and Cosmetic Act (FDCA) for engaging in inter-state commerce of adulterated food.
On 22 January the federal regulator announced the defendants had pleaded guilty to the misdemeanour charge.
The terms of the case are indicative of how the FDA chose to approach such violations. The defendants also agreed to assign a civil agreement that will prohibit them from selling food again unless they take a series of steps dictated by the FDA. This will include contracting an outside consultant to prepare a sanitation control programme for employee training and environmental monitoring, as well as submitting to an inspection by FDA officials and having facility testing at an independent laboratory.
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