The U.S. Food and Drug Administration this week sought a permanent injunction against Sharkco Seafood International of Venice, La., to stop the seafood processor from distributing scombrotoxin-forming fish across state lines.
Consumption of scombrotoxin-forming fish that are not properly preserved or refrigerated can result in scombroid food poisoning, a foodborne illness that results from eating spoiled or decayed fish. Scombrotoxin-forming fish include mackerel, sardines, tuna, bluefish and mahimahi.
The government’s complaint, filed today by the U.S. Attorney’s Office for the Eastern District of Louisiana, charges Sharkco Seafood and its owners, Khai Q. Nguyen and Tuan Q. Nguyen, with violating the Federal Food, Drug, and Cosmetic Act by failing to implement an adequate Hazard Analysis and Critical Control Point (HACCP) plan for their scombrotoxin-forming fish. The FDA requires all seafood processors and distributors to have a HACCP plan.
“FDA repeatedly warned and tried to work with Sharkco Seafood,” said Michael Chappell, the FDA’s acting associate commissioner for regulatory affairs. “The company had ample time to take correction action, which it failed to do. An effective seafood HACCP plan is critical to safeguard the health of the American people. We will take prompt action against companies whose poor business practices could jeopardize the public health.”
According to the government’s complaint, FDA inspections showed that the defendants failed to have an adequate written HACCP plan for their scombrotoxin-forming fish operation, despite numerous warnings by FDA. The formation of scombrotoxin can be adequately controlled when fish are appropriately preserved or refrigerated. Once formed, however, scombrotoxin cannot be removed or destroyed by washing, freezing or cooking the tainted fish.
No illnesses have been associated with Sharkco Seafood’s scombrotoxin-forming fish products. The company produces other seafood products not affected by this action.
