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Smithson Dairy Inc Executives, Milk Powder Tampering, Virginia 2022

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Virginia Firm Busted for Poisoning Milk Powder

The U.S. District Court for the Western District of Virginia has entered a consent decree of condemnation and permanent injunction against Valley Milk Products LLC, Michael W. Curtis, Robert D. Schroeder, and Jennifer J. Funkhouser, the primary architects of a scheme to poison milk powder products.

The scheme, which spanned years, involved manufacturing milk powder products under insanitary conditions, resulting in contamination with filth and potentially injurious contaminants. The FDA discovered Salmonella meleagridis in the firm’s Strasburg, Virginia facility in 2016, and further investigation revealed that the same strain of Salmonella had been present at the facility in 2010, 2011, and 2013.

The court’s ruling marks a significant blow to the defendants, who will be prohibited from manufacturing milk powder products at their Strasburg facility without implementing effective corrective action. The defendants must also notify the FDA in advance and comply with remedial provisions set forth in the decree.

“The Food, Drug, and Cosmetic Act is designed to bolster public confidence in food safety by protecting consumers from unsafe food, including food produced under visibly insanitary conditions,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work cooperatively with the FDA to ensure that food facilities employ proper precautions, so that our food is safe for consumption.”

The seized milk powder products have been condemned and forfeited to the United States. Under the provisions of the consent decree entered by the Court, Valley Milk may attempt to bring the condemned products into compliance with the Federal Food, Drug, and Cosmetic Act under the supervision of the FDA. Valley Milk is prohibited from disposing of any part of the condemned food until FDA determines that the food has been safely reconditioned. If the food cannot be reconditioned, it will be destroyed by a method approved by FDA.

The permanent injunction also names Valley Milk’s General Manager Michael W. Curtis, Plant Manager Robert D. Schroeder, and Quality Control Compliance Officer Jennifer J. Funkhouser, who will be held accountable for their roles in the scheme.

Valley Milk Products LLC, a manufacturer of Grade A and non-Grade A milk products, including milk powder products, condensed milk products, and butter, has been ordered to cease all milk powder production until further notice. The firm’s Strasburg facility has been shut down pending further investigation and potential reconditioning of the contaminated products.

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