Complaint alleges unsanitary conditions, despite repeated warnings about violations
A photograph included in the lawsuit allegedly shows an employee rounding up dogs that had been roaming freely in the food warehouse before inspectors arrived.
A lawsuit filed Wednesday in federal district court aims to stop Philadelphia food warehouse New Rich City Trading Corp., as well as president and owner, Xiaoping Sun, and manager, Si Yan Chuen, from selling food that is held in filthy conditions, U.S. Attorney Zane David Memeger announced in a news release.
The Food Drug and Cosmetic Act prohibits companies and individuals from causing articles of food to become “adulterated” while held for sale after shipment of one or more of their components in interstate commerce, the release said.
The complaint, which does not identify the type of food or its destinations, alleges that U.S. Food and Drug Administration (FDA) inspections of the facility, located in the 2600 block of North American Street, established that food stored for interstate distribution by the defendants is adulterated because the food has been held under insanitary conditions, including the widespread presence of animals, such as rodents, birds, cats, and dogs, as well as the animals’ feces and urine, on and around articles of food.
“It is unacceptable for any distributor to expose the food we eat to animals, animal waste, and other filth,” said Memeger. “The Department of Justice is committed to taking action against those who do not maintain and handle food in a clean environment.”
The government seeks a permanent injunction to prevent the defendants from further adulterating food, and to prevent defendants from further receiving, holding, and distributing food until the defendants bring their operations into compliance, the release said. The complaint said the defendants “have a history” of failed compliance, despite warnings documented in four inspections since 2011.
The case is being handled by Assistant U.S. Attorney Stacey L. B. Smith and David Sullivan, trial attorney from the U.S. Department of Justice, Consumer Protection Branch, with assistance from Scott Kaplan, FDA associate chief counsel, the release said.
