Grimy Times

Topway Enterprises, Selling Adulterated Food, Texas 2019

Published August 30, 2019

A federal court has permanently barred a Houston company from processing and distributing adulterated seafood products, the U.S. government announced today.

The entered consent decree of permanent injunction follows a complaint filed by the U.S. Food and Drug Administration (FDA) in August 2019 in the U.S. District Court for the Southern District of Texas. The complaint alleged that Topway Enterprises, doing business as Kazy's Gourmet, and its principals, Jeff Liao, Ying Chen, and Adwin Liao, sold ready-to-eat fish and fishery products in a facility with severe insanitary conditions.

The FDA complaint alleged that the defendants failed to adequately control the growth of Listeria monocytogenes (L. mono) at their facility. The defendants agreed to settle the litigation by the entered consent decree of permanent injunction, which includes specific remedial measures to ensure that future processing of ready-to-eat raw fish comports with the requirements of the law.

The filing of the complaint and agreed settlement follows FDA's decision in July 2019 to exercise its authority under federal law to suspend the defendants' food facility registration. However, since the suspension, the defendants have taken positive steps to correct the problems at their facility.

‘The U.S. government is committed to enforcing laws designed to ensure that the food we put on our tables is safe,’ said Assistant Attorney General Jody Hunt of the Civil Division. ‘We will continue to work with the FDA to take steps necessary to protect the public from potentially unsafe food.’

Topway Enterprises, doing business as Kazy’s Gourmet, must comply with specific remedial measures set forth in the injunction. The settlement provides safeguards to ensure that future processing of ready-to-eat raw fish at the defendants’ facility comports with the requirements of the law.

Defendant: Topway Enterprises, doing business as Kazy's Gourmet

Criminal Charges: Selling adulterated food

City and State: Houston, Texas

Date: August 2019

Sentence: Permanently enjoined from processing and distributing adulterated seafood products

Dollar Amounts: None

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Source: https://www.justice.gov/archives/opa/pr/district-court-orders-texas-company-stop-selling-adulterated-food