February 3, 2010

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United States Seizes more than 1,500 Cases of Food from Wisconsin Distribution Warehouse

FDA acts after inspections reveal filthy, rodent-infested facility

At the request of the U.S. Food and Drug Administration, U.S. Marshals on Tuesday seized a wide range of human and animal food products – specifically pet treats- stored under insanitary conditions at Mid-States Closeouts, a distribution warehouse in Ellsworth, Wis. The products were seized under a warrant issued by the U.S. District Court for the Western District of Wisconsin.

U.S. Marshals seized all FDA-regulated human and animal food susceptible to rodent and pest contamination or other filth. The products are adulterated under the Federal Food, Drug, and Cosmetic Act (the Act) because they have been held under insanitary conditions whereby they may have become contaminated with filth.

Among the items seized were cases of individually bagged candy, jelly beans, biscuits and cookies, cappuccino mixes and tea, various snack items, and pet treats.

At this point in time a spokesperson for the FDA could not reveal the brand names of the products as the investigation is incomplete. The Canine Kingdom urges dog parents to carefully inspect all packages of pet treats. If any of the packaging is torn, dirty or damaged or if the packaging is swollen please discard. Please check back here at the Canine Kingdom for updates on this alert.

During an FDA inspection of Mid-States Closeouts conducted in November and December 2009, the agency found widespread and active rodent infestation, numerous gnawed packages of human and animal food, rodent excreta pellets on, in, and around food packages and rodent nesting material. The facility also had structural defects permitting easy pest access to the entire facility, and rodent harborage areas near the warehouse.

"The violations at Mid-States Closeouts are widespread and significant,” said Michael Chappell, the FDA’s acting associate commissioner, Office of Regulatory Affairs. “The FDA took this action because the company failed to provide adequate safeguards to ensure that products they hold for sale remain free of contamination.”

Only a day earlier, local village trustees had expressed their displeasure and exasperation with the building's owner over non-compliance with local ordinances.

The building is currently being used as a warehouse to store supplies used in dollar stores. The owner, Mark Reisdorf of Mid-States Closeouts, had planned on opening a dollar store branch in the building and renovating it to provide living quarters for his family as well.

The Canine Kingdom h found that Mid-States Closeouts web site does contain a section containing pet treats for dogs and cats but does not contain any product names at this time

The FDA has not received any reports of human or pet illness or death associated with consumption of food distributed by Mid-States Closeouts. However, the seized products were in permeable packages and held under conditions that could compromise the food’s quality.

Consumers can report problems with FDA-regulated products to their district office consumer complaint coordinator. Contact information for coordinators is located at http://www.fda.gov/Safety/ReportaProblem/ConsumerComplaintCoordinators.