Defendants Admit Conduct and Enter Into Consent Decree Prohibiting Future Violations
Damian Williams, the United States Attorney for the Southern District of New York, and Paul Kiecker, the Administrator of the Food Safety and Inspection Service of the U.S. Department of Agriculture (“USDA-FSIS”), announced that the United States has sued N and M Food Wholesale Supply, Inc. (“N&M”) and its owners AHMED OMAR, ELSAYED HALIM, and ASHRAF MOUSA (collectively, the “Defendants”) for repeatedly preparing and selling uninspected or misbranded poultry products in violation of the Poultry Products Inspection Act (“PPIA”). The U.S. has simultaneously entered into a consent decree, approved by U.S. District Judge Denise L. Cote, which requires the Defendants to comply with the PPIA and complete mandatory training and imposes significant civil penalties for any future violations.
USDA-FSIS Administrator Paul Kiecker said: “Every individual deserves the assurance that the food they purchase is properly inspected and safe to eat. FSIS remains committed to public health and we will take swift action to protect American consumers.”
The PPIA protects public health by imposing requirements on food suppliers regarding the inspection, processing, labeling, and packaging of poultry and poultry products. These requirements give consumers confidence in the safety of poultry products that they purchase and allow public health officials to trace food safety problems to their source.
According to the complaint filed in Manhattan federal court:
The Defendants repeatedly violated the PPIA by offering for sale over 900 pounds of misbranded poultry that had not been federally inspected. On multiple occasions, the Defendants prepared marinated chicken kebab skewers in a processing room in N&M’s warehouse without federal inspection. These products were prepared for sale to N&M’s wholesale customers, including food cart owners, who sell the chicken to consumers. Despite repeated warnings from USDA-FSIS, N&M continued to offer uninspected poultry products for sale and violate the law. For example, in May 2021, N&M — which does not have a grant of federal inspection to process poultry products — purchased approximately 280 pounds of chicken leg meat and cut and marinated the chicken in its warehouse before returning it to its original packaging. N&M then offered this uninspected and misbranded product for sale to wholesale customers.
In this consent decree, the Defendants admit and accept responsibility for having repeatedly sold or offered for sale non-federally inspected and misbranded poultry products to wholesale customers, in violation of the PPIA. Among other instances, on or about November 12, 2018, August 26, 2020, February 10, 2021, and May 24, 2021, the Defendants processed, sold, and/or offered for sale non-federally inspected poultry products. Defendants further admit and accept responsibility for the fact that, on at least one occasion, the poultry product was also misbranded and falsely marked as federally inspected.
Pursuant to the consent decree, the Defendants are enjoined from selling or transporting any uninspected poultry products that are required to be inspected and passed by USDA, selling any mislabeled poultry products, preparing or processing poultry or poultry products in unsanitary conditions, not keeping records regarding poultry or poultry product business transactions, and engaging in any other conduct that would violate the PPIA. The Defendants are subject to additional actions, including civil monetary penalties and other relief, if they violate the provisions of the consent decree.
Mr. Williams thanked the Food Safety and Inspection Service of the U.S. Department of Agriculture for its efforts on this matter.
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