Apr 5, 2010 9:45 AM

The US Department of Justice, in an action initiated by the US Food and Drug Administration, is seeking a permanent injunction against Chung’s Products LP, an egg roll manufacturer in Houston TX; Charlie A Kujawa, the company’s president; and Gregory S Birdsell, the firm’s director of quality assurance.

The complaint, filed in the US District Court for the Southern District of Texas, charges the defendants with violating the Federal Food, Drug, and Cosmetic Act by preparing, packing, and holding shrimp egg rolls under unsanitary conditions, whereby they may have become contaminated with filth and rendered injurious to health. The complaint concerns Chung’s fish and fishery products. It does not include Chung’s other food products.

Shrimp egg rolls produced by Chung’s are sold in grocery stores and large retail stores nationwide.

FDA inspections have revealed significant deviations from the seafood Hazard Analysis and Critical Control Point (HACCP) requirements, which are designed to protect the public from food safety hazards in fish and fishery products. Failure to comply with the seafood HACCP regulations renders food adulterated under the act.

A 2009 FDA inspection of the firm showed deficiencies with the firm’s HACCP plan, including continued failure to control for the risk of Clostridium botulinum (C botulinum) toxin formation in its shrimp egg rolls packaged in modified atmospheric packaging at refrigerated temperatures. Ingestion of C botulinum toxin can cause botulism.

The 2009 inspection also found the presence of Listeria monocytogenes in the firm’s egg roll processing environment. L mono can cause listeriosis.

For more information, visit www.foodsafety.gov.