Mamaroneck Smoked Fish Shop Shut Down By Feds Due To Listeria

MAMARONECK, NY — The owner and operator of a Mamaroneck smoked fish shop have agreed to comply with health regulations to rid the store of Listeria contamination and will effectively be shut down until they do. Joon H. Kim, acting U.S. Attorney for the Southern District of New York, announced Thursday the filing of a complaint and the entry of a consent decree against Smokehouse of New York, Brett H. Portier, its director of operations, and Panagiota Soublis, its president and owner, for violations of the Food, Drug and Cosmetic Act and related food-safety regulations at its Mamaroneck facility.

The shop, which is located at 434 Waverly Ave., is where the defendants prepare and sell fish products and other specialty food to consumers nationwide.

Kim said the complaint and consent decree hold the company accountable and requires them to clean up their operations and protect the public.

“We will not let businesses put profits over public health,” he said. “Smokehouse, Portier and Soublis have repeatedly put their customers at risk of severe illness.”

Kim said the defendants repeatedly failed to operate their packaged fish business in compliance with government standards, with the result being Listeria was found in their facility.

Federal prosecutors filed the complaint against Smokehouse Monday. The consent decree was entered Thursday.

In the general population, Listeria can cause severe flu-like symptoms and, in extreme cases, confusion, loss of balance and convulsions. For pregnant women, it can cause miscarriage, stillbirth, premature delivery or life-threatening infection of the newborn.

Kim said they previously proposed to take corrective measures to address the Listeria problem, but failed to fix it.

An FDA inspection conducted between March 8 and April 5, 2017, again found Listeria at various locations within the facility, including on direct food-contact surfaces.

According to the consent decree:

Smokehouse, Portier, and Soublis admit, acknowledge, and accept responsibility for the following:

• The defendants failed to manufacture, package, and store food under conditions and controls necessary to minimize the potential for microorganism growth and contamination.

• At each of five inspections conducted by FDA between 2011 and 2015, FDA found Listeria in the facility, including on a food-contact surface and in packaged, ready-to-eat food.

• Following the 2011-2015 inspections, the defendants took a number of corrective actions that they stated would address the conditions found by investigators.

• However, during an FDA inspection between March 8 and April 5, 2017, FDA again found Listeria at the facility, including on food-contact surfaces, including a stainless steel table where food is processed and on a plastic tray used interchangeably to hold raw and finished products.

Kim said the consent decree prevents Smokehouse, Portier and Soublis from receiving, preparing, processing, packing, labeling, holding and/or distributing articles of food until they 1) clean and sanitize their facility, 2) implement appropriate pathogen control and other food safety plans and 3) implement training programs on proper food hygiene and sanitation for all its employees.

Additionally, all their current stock of processed food must be destroyed and certain foods previously sold by them must be recalled.

The company is also subject to additional actions by the FDA, including mandated future recalls and shut downs. It will also have to pay damages and costs to cover future inspections and monitoring should the company violate the provisions of the consent decree.

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