As part of its enforcement activities, the Food and Drug Administration sends warning letters to entities under its jurisdiction. Some letters are not posted for public view until weeks or months after they are sent. Business owners have 15 days to respond to FDA warning letters. Warning letters often are not issued until a company has been given months to years to correct problems.
Victory Trading Company Inc.
Greenland, NH
A food firm in New Hampshire is on notice from the FDA for serious violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation. These violations include the presence of pests in their warehouse.
In an April 17, 2023, warning letter, the FDA described a Dec. 12, 2022, to Jan. 13, 2023 inspection of Victory Trading Company’s ambient, refrigerated and frozen food warehouse in Greenland, NH.
The FDA’s inspection revealed that the firm was not in compliance with regulations and resulted in the issuance of an FDA Form 483. Some of the significant violations are as follows:
Current Good Manufacturing Practice:
1. The firm did not take effective measures to exclude pests from their holding areas and to protect against the contamination of food on the premises by pests. Specifically, rodent activity was observed throughout their warehouse facility including the following:
Rodent Activity Observed
(Redacted)
- On Dec. 12, 2022, during a bag-by-bag examination of (redacted) pallets of (redacted) White Rice, lot # “(redacted)”, stored in the (redacted) corner of their warehouse, apparent rodent excreta pellets (REPs) too numerous to count (TNTC), apparent rodent gnaw holes in the bags of rice, and yellow stains on the bags of rice which smelled like urine and fluoresced UV light. An additional (redacted) pallets of (redacted) White Rice had an odor of urine and apparent REPs.
- On Dec. 13, 2022, an apparent decomposed dead rodent in the (redacted) corner of the warehouse outside the big cooler.
- On Dec. 19, 2022, an apparent decomposed dead rodent in the (redacted) corner of the warehouse outside the freezer.
- On Dec. 15, 2022, apparent REPs TNTC on an empty pallet in pallet location (redacted) in the center of the (redacted) area of the warehouse.
- On Dec. 15, 2022, approximately 10 apparent REPs on the floor below a pallet of bagged dried chili peppers among apparent rodent gnawed material in pallet location (redacted) in the center of the (redacted) area of the warehouse.
- On Dec. 15, 2022, apparent REPs TNTC on the floor behind a pallet of dried noodles in pallet location (redacted) in the center of the (redacted) area of the warehouse.
- On Dec. 15, 2022, approximately 15 apparent REPs on a pallet of BBQ sauce, and apparent rodent urine stains and apparent nesting materials on the floor directly next to pallet in pallet location (redacted) in the center of the (redacted) side of the warehouse.
- On Dec. 15, 2022, approximately 6 apparent REPs on a pallet of plastic cups in pallet location (redacted) in the center of the (redacted) side of the warehouse. The pallet also appeared to contain apparent rodent urine stains, and boxes of cups appeared to have bird excreta on them.
- On Dec. 15, 2022, approximately 13 apparent REPs on the floor in pallet location (redacted) in the center of the (redacted) side of the warehouse.
(Redacted)
- On Dec. 14, 2022, two apparent dead rodents in a glue trap in the (redacted) corner of the warehouse.
- On Dec. 14, 2022, an apparent dead rodent in a glue trap along the (redacted) wall of the warehouse under racks of bags of powdered drink mixes and seeds in pallet location (redacted).
- On Dec. 14, 2022, an apparent dead rodent in a glue trap in the (redacted) corner of the warehouse underneath racks of bagged powdered drink mixes in pallet location (redacted).
- On Dec. 14, 2022, apparent REPs TNTC on the floor at the corner junction of the (redacted) wall of the (redacted) area of the warehouse directly next to pallet location (redacted).
- On Dec. 14, 2022, apparent REPs TNTC on the floor along the (redacted) wall of the (redacted) corner of the warehouse in pallet location (redacted).
- On Dec. 14, 2022, apparent REPs on the floor along the (redacted) wall of the (redacted) corner of the warehouse in pallet location (redacted).
(Redacted)
- On Dec. 15, 2022, an apparent decomposed dead rodent on the floor along the (redacted) wall of the warehouse where bagged rice was stored.
- On Dec. 15, 2022, apparent REPs TNTC on the floor and support beams along the back (redacted) wall where bagged rice was being stored.
- On Dec. 13, 2022, apparent REPs TNTC and apparent nesting material observed in the (redacted) section of the warehouse on the floor touching and directly next to pallets of (redacted) White Rice.
- On Dec. 14, 2022, apparent REPs on the floor in the (redacted) area of the warehouse (next to the employee bathroom) in pallet location (redacted).
- On Dec. 14, 2022, apparent REPs and apparent rodent urine stains which fluoresced under UV light along the (redacted) wall of the (redacted) area of the warehouse in pallet location (redacted).
- On Dec. 14, 2022, apparent REPs on the floor in the (redacted) corner of the (redacted) area of warehouse in pallet location (redacted).
- On Dec. 14, 2022, approximately 6 REPs on the floor directly next to a pallet of rice sticks in pallet location (redacted) in racks along the (redacted) wall of the (redacted) side of the warehouse.
- On Dec. 14, 2022, approximately 20 apparent REPs on a pallet of vinegar in pallet location (redacted) in racks along the (redacted) wall of the (redacted) side of the warehouse.
- On Dec. 14, 2022, approximately 5 apparent REPs on the floor approximately 6” from a pallet of maltose in pallet location (redacted) in racks along the (redacted) wall of the (redacted) side of the warehouse.
- On Dec. 14, 2022, apparent REPs TNTC on a pallet which contained jasmine tea in pallet location (redacted) in storage racks along the (redacted) wall in the (redacted) side of the warehouse.
- On Dec. 15, 2022, apparent REPs TNTC on a pallet of plastic take-out containers in pallet location (redacted) in storage racks along the (redacted) wall in the (redacted) side of the warehouse.
- On Dec. 14, 2022, approximately 20 apparent REPs on the floor scattered directly next to a pallet of dried seaweed in pallet location (redacted) in storage racks along the (redacted) wall in the (redacted) side of the warehouse.
- On Dec. 14, 2022, a live insect and apparent REPs TNTC on a pallet of dried spices in pallet location (redacted) in storage racks along the (redacted) wall in the (redacted) side of the warehouse.
- On Dec. 14, 2022, approximately 8 apparent REPs on a pallet of rice sticks in pallet location (redacted) in storage racks along the (redacted) wall in the (redacted) side of the warehouse.
(Redacted)
- On Dec. 18, 2022, apparent REPs TNTC on the floor and on support beams along the (redacted) wall behind coolers (redacted) and (redacted).
- On Dec. 19, 2022, approximately 10 apparent REPs on a table holding shrink wrap stored along the (redacted) wall.
- On Dec. 19, 2022, approximately 15 REPs along the (redacted) wall upstairs in the equipment storage room (redacted) main office. Additionally, the rodent station (redacted) was missing from its designated wall location.
- On Dec. 19, 2022, approximately 14 apparent REPs at the top corner of the stairs leading to the equipment storage room (redacted) main office located at the (redacted) wall of the warehouse.
- On Dec. 19, 2022, approximately 25 apparent REPs in the (redacted) corner of the equipment storage room (redacted) main office located at the (redacted) wall of the warehouse.
- On Dec. 19, 2022, approximately 15 apparent REPs along the (redacted) wall of the equipment storage room (redacted) main office located at the (redacted) wall of the warehouse.
- On Dec. 14, 2022, apparent REPs TNTC on the floor at the corner junction of the (redacted) wall and the big cooler in the (redacted) side of the warehouse where bagged sugar was being stored.
- On Dec. 19, 2022, approximately 2 apparent REPs on the floor in the walk-in freezer closest to the big cooler along the (redacted) wall in the (redacted) area of the warehouse.
- On Dec. 14, 2022, apparent REPs TNTC on the floor in the center aisle of the warehouse in pallet location (redacted) of the (redacted) area of the warehouse.
- On Dec. 14, 2022, approximately 11 apparent REPs on a pallet of (redacted) noodles and approximately 15 REPS in a center food storage rack in the (redacted) side of the warehouse in pallet location (redacted).
- On Dec. 13, 2022, apparent REPs TNTC on a rack in pallet location (redacted) and (redacted) of the central aisle storage racks in the (redacted) area of the warehouse used to hold (redacted) Brown Rice in paper bags and (redacted) Potato Starch in paper bags. Additionally, apparent rodent paw prints and tail marks were observed in spilled product on the racks.
- On Dec. 14, 2022, approximately 10 apparent REPs on the floor behind a pallet of bagged rice in pallet location (redacted) of the central aisle storage racks in the (redacted) area of the warehouse.
- On Dec. 14, 2022, apparent REPs on the floor along the (redacted) wall of the (redacted) area of the warehouse in pallet location (redacted) directly below and next to bags of palleted rice.
- On Dec. 14, 2022, apparent REPs TNTC were observed on the floor along the (redacted) wall and under a food storage rack on the left-hand sides of cooler (redacted) in the (redacted) area of the warehouse.
Samples
FDA collected several samples during the inspection. These samples included a food product sample ((redacted) White Rice) and filth samples. These samples were submitted to FDA labs for analysis. Results demonstrate that the (redacted) White Rice and sample 1209823 were contaminated with rodent excreta pellets (REPs), and sample 1209822 was contaminated with rodent excreta pellets and rodent nesting material. The filth samples further demonstrate the presence of rodents throughout the facility.
2. The firm did not maintain their plant in a clean and sanitary condition and keep their plant in repair adequate to prevent food from becoming adulterated. Specifically, insanitary conditions were observed throughout their facility demonstrating that sanitation, cleaning, and maintenance operations were inadequate. The following observations reflect potential areas for pest harborage and attractants for pests:
(Redacted)
- On Dec. 13, 2022, a 24″ x 8″ rip in the insulation liner of the (redacted) wall exposing insulation. The exposed insulation had been partially removed and apparent REPs TNTC were observed inside the insulation.
- On Dec. 13, 2022, an approximate 1/4″ hole through the wall to the outside and an approximate 12″ x 12″ rip in the insulation liner of the (redacted) wall. An empty beer bottle was observed in the hole.
- On Dec. 15, 2022, an approximate 2-3” gap along the entire length of the (redacted) wall creating a potential ingress for pests.
- On Dec. 15, 2022, an approximate 1” wide crack in the floor approximately 12” from pallet location (redacted) creating a potential ingress for pests near the (redacted) wall in the warehouse.
- On Dec. 15, 2022, an approximate ½” gap in the floor approximately 6” from pallet location (redacted) in the (redacted) area of the warehouse. There appeared to be hollow space beneath the gap.
(Redacted)
- On Dec. 13, 2022, two overhead doors on the (redacted) side of the warehouse occupied by a moving and storage company were left open for an extended period during the day creating a potential ingress for pests.
(Redacted)
- On Dec. 13, 2022, spilled unknown white powder product on a pallet of soybean oil stored in the (redacted) section of the warehouse.
- On Dec. 15, 2022, an approximate 1” gap closest to the (redacted) wall of the warehouse creating a potential ingress for pests. The area below the gap appeared to be hollow.
- On Dec. 13, 2022, two approximate 1” gaps around electrical conduits in the (redacted) wall of the warehouse creating an opening to the outside.
(Redacted)
- On Dec. 12, 2022, the plastic liner of the dividing wall in the center of the warehouse in the (redacted) side contained what appeared to be rodent gnaw holes and apparent REPs inside the insulation in the wall. Apparent rodent nesting materials were observed on the ground, and gnaw marks were observed on a wooden post of the dividing wall.
- On Dec. 14, 2022, red onions in a bag made of plastic netting stored directly on the floor within 6” from where apparent REPs were observed outside the main office in the (redacted) side of the warehouse.
- On Dec. 14, 2022, stagnant clear liquid on the floor of coolers (redacted) and (redacted) creating a potential attractant for pests and a potential harborage area for bacteria in the (redacted) area of the warehouse.
- On Dec. 19, 2022, what appeared to be apparent rodent-gnawed material, apparent REPs TNTC, and insulation used as apparent rodent nesting material in the equipment storage trailer that is permanently affixed to the outside of the (redacted) wall.
3. The firm did not maintain their facility’s grounds in a condition adequate to protect food from becoming contaminated. Specifically, on Dec. 14, 2022, an overgrowth of weeds and vegetation were observed outside on the eastern and northern sides of the warehouse, creating potential harborage areas for pests.
The full warning letter can be viewed here.
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