FDA Announces First Seizure of Food Administratively Detained Under Food Safety Modernization Act

On October 11, 2011, the FDA announced its first seizure of food product subject to the administrative detention allowance under the new Food Safety Modernization Act (FSMA). The FSMA, which amends the Food, Drug and Cosmetic Act, lowers the FDA's threshold to exercise administrative detention of food products. Before the amendment, credible evidence that food posed a threat of death or serious health consequences, to humans or animals, was needed prior to detention.  Now, the FDA needs only a "reason to believe" the food is adulterated or misbranded.

During an inspection of Dominguez Foods of Washington, Inc, on Sept. 2, 2011, the FDA issued its detention order upon detecting evidence of a rodent and insect infestation in the facility's warehouse and processing area. The detention order was issued for all food in the facility not hermetically sealed in containers by the close of the inspection. On Sept. 30, at the request of the U.S. Food and Drug Administration, U.S. Marshals seized the product from the facility in Zillah, Washington.

Read the full FDA Press Release here.

Read more about the FSMA here.

Written/Posted by Tanya J. Cramoy, Research Assistant