Friday, March 22, 2019

CHAIRMEN CUMMINGS, ENGEL, SCHIFF STATEMENT RESPONDING TO WHITE HOUSE LETTER ON TRUMP-PUTIN COMMUNICATIONS


  Today, the Chairmen of the House Oversight, Foreign Affairs and Intelligence Committees responded to a letter sent by the White House Counsel responding to the Committees’ request for documents from and interviews with personnel of the Executive Office of the President related to communications between President Donald J. Trump and President Vladimir Putin of the Russian Federation.

Attributable to Chairmen Elijah Cummings, Eliot Engel and Adam Schiff:

“Our Committees are in receipt of the White House Counsel’s letter, which continues a troubling pattern by the Trump Administration of rejecting legitimate and necessary congressional oversight with no regard for precedent or the constitution. 

“We are also concerned by the disingenuous assertions and representations in the letter. In previous Democratic and Republican Administrations, the White House made officials available for interviews and produced to the Congress all manner of internal documents and communications regarding ‘the conduct of foreign relations’ by the President and White House and National Security Council staff. In fact, the Obama Administration produced records describing the President and Secretary of State’s calls with foreign leaders. The Congress also received voluminous records from agencies involved in the conduct of U.S. foreign relations, such as the State Department, Defense Department, and other agencies. President Trump’s decision to break with this precedent raises the question of what he has to hide.

“We will be consulting on appropriate next steps. Congress has a constitutional duty to conduct oversight and investigate these matters, and we will fulfill that responsibility.”

The Committees’ original request to Acting White House Chief of Staff Mick Mulvaney and Secretary of State Michael Pompeo can be found here.

WELCOME HOME YANKEES PARADE LINE-UP ANNOUNCED



  One week from Opening Day at Yankee Stadium, the 161 st Street BID announced its plans for a parade to celebrate the return of the Bronx Bombers and its Grand Marshals.

“We want the team to win the World Series,” said Dr. Cary Goodman, the BID’s executive director, and parade organizer. “The parade will give the team a boost towards a 28 th Championship.”

The parade’s Grand Marshals include Grandmaster Caz, Mellie Mel, Congressmen Serrano, Engel and Espaillat, as well as local businessmen, Joe Bastone (Yankee Tavern) and Mike Rendino (Stan’s).

Grand Marshal Invitations were also sent to retired Yankees, (Reggie Jackson and Mariano Rivera) and to current players. Luis Severino, Dellin Betances, CC and Aaron Hicks are all on the injured list and unavailable to play. also The Yankees are not playing on this day.

“Maybe they’ll join us. We’re rooting for them,” said Goodman.

The parade steps-off from the Concourse@ 167 th Street, 10 AM on Friday, March 29. It will march to Lou Gehrig Plaza; turn right on 161 st St. and continue to Mariano Rivera Avenue.

The route runs past street murals of Yankee legends Joe DiMaggio, Thurman Munson, Whitey Ford, Phil Rizzuto Yogi Berra, Elston Howard, and Mickey Mantle.



Upcoming Purim and Passover Celebrations at JASA Van Cortlandt Senior Center:


I. Celebrate Purim at JASA Van Cortlandt SC on Mar. 27th:

On Wed. Mar. 27th, celebrate Purim with Hagit and family. Share songs & games with MMCC early childhood classes at 11:15 am.
A festive meal of beef brisket or pollock fillet, baked sweet potatoes and green beans w/mushrooms will be served at 12:15 pm.
After lunch, Hagit, vocals/drama; Zvi, piano; Dvir, violinist and Hillit, flute/dance will entertain us. As part of a lively musical revue, they will re-enact the Purim tale with costumes, visuals and audience involvement.

Recommended senior meal contribution: $3.50 and $2.00 event donation. Holiday refreshments will be served. Call the Senior Center office: 718-549-4700 for advance meal reservations by Fri. Mar. 22nd.

 II. JASA Bronx Model Seder at JASA Van Cortlandt Senior Center

 Join us for a meaningful Model Seder on Thurs. April 11th with holiday songs performed by the JASA Van Cortlandt Senior Choral group conducted by Cheryl Warfield at 11:20 AM. 
Festive lunch of traditional appetizers, honey lemon chicken leg or sole fillet, roasted red potatoes, broccoli w/garlic, fruit and egg matzah served at 12:30 PM.Karen Waltuch, violist, and her trio will provide klezmer and international musical entertainment at 1:15 PM. Refreshments will be served. See continued bio re: Debra Kreisberg on reverse side of flyer.Recommended Senior meal contribution: $5.00                                                                    
Non-senior meal fee: $8.00
RSVP for lunch to the center office 718-549-4700 by Thursday,
April. 4th.

 Cheryl Warfield, Bronx Opera teaching artist/professional singer, will conduct the JASA Van Cortlandt Senior Center Choral Group. Isaac ben Ayala will accompany the group
The senior center choral group is supported, in part, public funds from the NYC Dept. of Cultural Affairs in partnership with the City Council. 

Karen Waltuch is best known as a violist and professional gardener about NYC. She has worked with Tony Conrad, Natalie Merchant, Wilco, Tyondai Braxton, Reps and many other esteemed musicians. She is one half of Zeke & Karen, a harmonizing duo of has-been ditties. Karen is heard on Metropolitan Klezmer's latest album, Mazel Means Good Luck. as well as appearing on bonus tracks for Isle of Klezbos' Live From Brooklynn (2014). More at KarenWaltuch.com

JASA Van Cortlandt Senior Center
3880 Sedgwick Ave., First Floor 
Bronx, NY 10463
Phone: 718-549-4700
Sharon Wolfe, Director

MAYOR DE BLASIO, BUSINESS LEADERS, ADVOCATES AND ELECTED OFFICIALS ANNOUNCE STATE PROPOSAL TO LEVEL THE PLAYING FIELD FOR MINORITY- AND WOMEN-OWNED BUSINESSES


Proposal could increase awards to M/WBEs by approximately $500 million annually

  Mayor Bill de Blasio, business leaders, advocates, and elected officials announced a State proposal that would create more economic opportunity for minority- and women-owned business enterprises (M/WBEs) in New York City.

The City is calling on the State to increase the discretionary spending limit for M/WBEs to $1 million for goods, services and construction. Increasing this limit would ease the contracting burden on M/WBEs by significantly reducing the amount of time and paperwork that is normally required as part of the bidding process, providing more flexibility for agencies to contract directly with M/WBEs and at higher dollar values. This proposal could potentially increase the value of contracts awarded to M/WBEs by $500 million annually. The call for this legislation comes at time in which the Administration is making historic investments in M/WBEs. Last year alone, the City awarded $3.7 billion to M/WBEs, up from $1.6 billion in 2015.

In 2017, the City successfully gained the authority to award contracts of up to $150,000 to City-certified M/WBEs for goods and services without requiring a time-consuming, formal, competitive bidding process. Before this change, the discretionary spending limit for all vendors, including M/WBEs, was $20,000 for goods and services and $35,000 for construction.

“Our City only works best when everyone – regardless of race, gender or ethnicity – can participate in our economy,” said Mayor Bill de Blasio. “We want to take our commitment to that idea further and urge the State to give us more tools that expand economic opportunity for minority- and women-owned businesses. With the State’s help, we can continue building an economy that truly works for all New Yorkers.”

“Through our M/WBE outreach, we have learned from our advocates that this discretionary spending limit presents a compelling alternative to the status quo,” said J. Phillip Thompson, Deputy Mayor for Strategic Policy Initiatives. “We want M/WBEs to focus on maintaining and growing their businesses and to have improved access to more opportunities. This is a good move for our M/WBEs and for the local workforce in their communities as we strive toward a more level playing field.”

“Raising the discretionary spending limit to $1 million will allow improved access to opportunities for minority- and women-owned businesses which in turn allows M/WBEs to build capacity and thrive in NYC,” said Jonnel Doris, Senior Advisor and Director of the Mayor’s Office of M/WBEs.

“Through programs like our Contract Financing Loan Fund, we’re making it easier for M/WBEs to increase their capacity and take on the lucrative contracts that boost their businesses,” said Gregg Bishop, Commissioner of the Department of Small Business Services. “With our help, M/WBEs are ready to succeed and we’re asking the state to ensure that they have every opportunity to efficiently do business with the City.”

Over the last year, since the City was allowed to increase its discretionary spending from $20,000 to $150,000 for awards to M/WBEs for goods and services, agencies have awarded M/WBEs more than 840 contracts totaling over $61.3 million. Prior to this, agencies awarded M/WBEs roughly 450 contracts totaling $28 million. The State law change doubled M/WBE participation in this dollar range. 

Increasing the City’s discretionary spending limit to $1 million for goods, services and construction would help the City continue this unprecedented investments in M/WBEs.

In addition to increasing the discretionary spending limit, the City also will increase accountability to protect tax payer dollars and maintain the integrity of the program. For example, the City already conducts thorough background checks to ensure that M/WBEs are majority minority owned. Furthermore, the City would publish public reports tracking contracts awarded under this new discretionary spending limit. Lastly, the City also would solicit quotes from multiple M/WBEs to compare prices and the quality of work for goods, services and construction.

In 2015, Mayor de Blasio outlined his plan to create a more resilient, sustainable and equitable city in his OneNYC Plan. Within this plan, the Mayor set a goal to award $16 billion to M/WBEs by 2025 to help level the playing field for M/WBEs. Since then, the City has awarded over $10 billion to M/WBEs and increased the goal to $20 billion by 2025. This goal includes Mayoral and non-Mayoral agencies, such as the Economic Development Corporation and the Department of Education.

In 2016, when the Mayor announced the creation of the Office of M/WBEs, the Mayor set a goal to award 30 percent of the value of mayoral agency contracts to M/WBEs by 2021. By the close of 2018, these same agencies alone awarded more than $1 billion to M/WBEs, or 19 percent of the value of City contracts subject to the M/WBE program.

These historic investments are the result of policy changes that have prioritized the implementation of programs and services that help businesses succeed in our local economy. For example, the City – through the Department of Small Business Services and the New York City Economic Development Corporation – invested $20 million in two revolving loan funds that allow M/WBEs and small businesses to access affordable loans to help them perform on City contracts. In 2018, Amalgamated Bank, Bank of America, TD Bank and Union Banks together invested an additional $41 million in these loan programs, expanding the loan pool to $60 million dollars. The loan funds include: the Emerging Developer Loan Fund, which provide developers with low-interest loans that range from $100,000 to $2.5 million, and the Contract Financing Loan fund which gives M/WBEs and small contractors access to loans of up to $1 million at a 3 percent interest rate. The Contract Financing Loan Fund has successfully connected City contractors to $10 million in capital to help them better perform on over $50 million in City contracts. Over 90 percent of Contract Financing Loan recipients are M/WBEs.

Since its implementation, the EDLF has approved and closed on $5.49 million worth of loans, impacting nearly $48 million worth of projects. These loans bridged gaps in financing during the predevelopment and acquisition phases of projects in the Bronx, Brooklyn and Harlem for M/WBE developers. As a citywide program, the EDLF is designed to meet these gaps to help developers acquire sites and construct projects.

In 2017, the City also launched the Bond Collateral Assistance Fund, which supports M/WBEs and small businesses facing market barriers in accessing surety bonds, by offering affordable bonds that provide collateral to ensure businesses have the opportunity to perform on City construction contracts. The program allows eligible businesses to apply for collateral assistance of up to $500,000 or 50 percent of the Contract amount, whichever is lesser, in order to meet cash collateral bond requirements. No contributions are required of contractors.

More on these loans can be found here.

Wave Hill events April 4‒11, Hudson River Eel Weekend!


Did you know that there are eels in the Hudson River? Wave Hill is dedicating a whole weekend to these fascinating creatures! Families with younger children, by the way, will be able to meet glass eels at Wave Hill, Saturday. On Sunday, take a trip to The Center for the Urban River at Beczak in Yonkers to see these slippery creatures in their natural habitat—kids ages eight and older are welcome to attend with an adult. This trip is a community science project that will help experts who are researching eel migration.  Or forget about the eels and come hear acclaimed jazz musician Josh Lawrence and his band Color Theory perform here on Sunday afternoon. A reception following the performance will celebrate the release of Lawrence’s new album Triptych—and a grand finale to the 2018‒2019 concert season in Armor Hall.

Thu, April 4
From bud to bloom, nature has an endless inspiration to offer artists in the spring. Capture changing textures and subtle color shifts as the garden transitions from subtle to bright. Each week, with the guidance of artist Wennie Huang, spring continues to pop and participants experience, observe and render exquisite moments using layers of dry and wet media. This six-session series continues Thursdays, April 11, 18, 25, May 2 and 9. A list of materials will be provided. $300; Wave Hill Members save 10%. Registration required, online or at the Perkins Visitor Center.
Wave Hill House, 10AM–1PM

Sat, Sun, April 6, 7
Did you know that eels swim past Wave Hill every spring? Get the real deal about eels and their Hudson River ecosystem at Wave Hill’s Hudson River Eel Weekend. Meet scientists studying eel migration, make eel-themed art and see live eels. You’ll look at the river in a whole new way!

Sat, April 6
Celebrate the arduous journey eels make during their annual migration, their adaptations and the place eels call home. Create your own puppet theater to act out your own stories about these epic underwater adventures. Free, and admission to the grounds is free until noon. Hudson River Eel Weekend event.
Wave Hill House, 10AM–1PM

Sat, April 6
Families are invited to drop by to see live eels, with a science educator from the NYS Department of Environmental Conservation’s Hudson River Eel Project. Ages five and older welcome with an adult. Free with admission to the grounds.Hudson River Eel Weekend event.
Wave Hill House, 1–1:30PM

Sat, April 6
A science educator from the NYS Department of Environmental Conservation’s Hudson River Eel Project shares the incredible journey of Anguilla rostrata with images, artifacts—and live eels! Hear how scientists, students and community volunteers are gathering information about local eel populations by catching, counting and releasing thousands of tiny “glass eels” as they swim up the Hudson River estuary each spring. Ages 10 and older welcome with an adult. Free with admission to the grounds. Hudson River Eel Weekend event.
Wave Hill House, 2PM

Sun, April 7
Celebrate the arduous journey eels make during their annual migration, their adaptations and the place eels call home. Create your own puppet theater to act out your own stories about these epic underwater adventures. Free with admission to the grounds. Hudson River Eel Weekend event.
Wave Hill House, 10AM–1PM

Sun, April 7
Enjoy Afternoon Tea in the Mark Twain Room prior to today’s concert in Armor Hall. The CafĂ© at Wave Hill pairs a classic menu with an assortment of green, black and herbal teas. This traditional tea service includes the four classic elements of savory, scones, sweets and tea. The menu, presented by Great Performances, includes an array of tea sandwiches, scones and bite-sized desserts. Afternoon Tea also includes a glass of sparkling wine. Afternoon Tea Service is $36. Wave Hill Members receive a 10% discount. Advance registration is required by emailing wavehillreservations@greatperformances.com or by calling 718.549.3200 x395. We will take reservations until 5PM on the Thursday prior to the concert.
Wave Hill House, NOON

Sun, April 7
Josh Lawrence is a critically acclaimed trumpeter and composer. His ensemble Color Theory was dubbed "an all-star outfit" by The New York Times. Bandmates include pianist Orrin Evans, drummer Anwar Marshall, the Curtis Brothers, pianist Zaccai and bassist Luques, alto saxophonist Caleb Curtis and trombonist David Gibson. Ticket Prices: Adults: $28 (includes admission to the grounds) / Wave Hill Members 10% discount / $12 children ages 8-18, unless otherwise noted. Order tickets online or onsite at the Perkins Visitor Center. For additional information, please call 718.549.3200 x251.
Wave Hill House, 2PM

Sun, April 7
Every spring, juvenile American eels swim 1,000 miles from the Sargasso Sea to freshwater streams along the Hudson River. Join Wave Hill and environmental educator Jason Muller at The Center for the Urban River at Beczak in Yonkers—easily accessible by car and Metro-North—to collect data on migrating eels and their ecosystem. Put on waders and head out into the river to collect eels and other creatures in the fyke nets, or stay on shore to assist with recording water quality data and counting and weighing the little eels before releasing them back into the river. The data collected from CURB and other sites as part of this community science research project provides crucial information about young eel populations in the Hudson River. For adults and families with kids eight and older. $10; Wave Hill Members save 10%. Registration required, online or at the Perkins Visitor Center. Hudson River Eel Weekend event.
Meet at Center for The Urban River at Beczak, 2–3:30PM

Sun, April 7
Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 2PM

Mon, April 8
Closed to the public.

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–5:30PM,  March 15–October 31. Closes 4:30PM, starting November 1.

ADMISSION – $10 adults, $6 students and seniors 65+, $4 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES – Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm
  
DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

Thursday, March 21, 2019

BILL THAT ESTABLISHES MATERNAL MORTALITY REVIEW BOARDS PASSES THE NEW YORK STATE SENATE UNANIMOUSLY



GOVERNMENT HEADER

Sponsored by State Senator Gustavo Rivera, the Maternal Mortality Review Boards will create new strategies to combat the high rates of maternal mortality and morbidity in New York, which disproportionately affect minority women, primarily black women

Ranked 30th out of 50 states, the creation of the boards will help New York obtain a deeper understanding of the causes and circumstances associated to the high rate of maternal mortality and morbidity

Senator Rivera also introduced a new bill that will direct hospitals to adopt standard obstetric hemorrhage protocols to help lower New York's maternal mortality rate

  State Senator Gustavo Rivera, Chairman of the Senate Health Committee, passed bill S.1819 in the New York State Senate unanimously.  This critical bill will establish the New York State and New York City Maternal Mortality Review Boards and a Maternal Mortality and Morbidity Advisory Council to review the alarming maternal deaths and maternal morbidity rates affecting women across New York. The bill also passed the New York State Assembly unanimously. 

The Maternal Mortality Review Boards, both of which would be comprised of a diverse group of clinical experts, are designed to work collaboratively to facilitate a comprehensive and confidential review of maternal deaths, disseminate their findings, and develop strategies for reducing maternal deaths. The advisory council is tasked with reviewing the boards' findings and developing an exhaustive list of recommendations and best practices that will help prevent future maternal deaths and decrease the rate of life-threatening complications faced by New York women while giving birth or after.

Currently, New York ranks 30th out of 50 states in its maternal death rate. The rate of maternal deaths in New York rose from 13.2 per 100,000 live births in 2006 to 25 per 100,000 in 2015. Furthermore, this public health issue has a clear racial and ethnic disparities component. Compared to white women, black women are three times more likely to die during pregnancy and childbirth.

"It is a terrible reality that in this day and age, mothers in New York State, particularly black mothers, are dying and developing life-threatening complications after birth at an alarming rate," said State Senator Gustavo Rivera, Chair of the Senate Health Committee and sponsor of the bill. "The establishment of the maternal mortality review boards and advisory council will help ensure we are developing and implementing strategies to not only reduce this troubling trend throughout New York, but to address the healthcare disparities causing higher rate of deaths and complications among women of color."

In his effort to immediately reduce New York's maternal mortality rate, Senator Rivera recently introduced a new bill (S.4498) to address obstetric hemorrhages, which are highly preventable. The legislation would require hospitals to adopt and implement standard protocols to appropriately identify and manage obstetric hemorrhage during childbirth using best practices and submit them to the Department of Health. The Department would be required to develop protocols or identify existing protocols that hospitals could use and to report to the legislature on data collected from the hospitals.

With hemorrhages accounting for approximately 16 percent of maternal deaths in New York State, this legislation along with the creation of the Maternal Mortality Review Boards, will ensure New York is aggressively working to ensure women do not have to worry about making it out of the delivery room. 

United States Settles Suit Against Three Responsible Parties For The Release Of Mercury In The Village Of Rye Brook


Defendants Agree to Pay $179,647 in Clean-up Costs and Admit Liability and Accept Responsibility in Consent Decree

  Robert S. Khuzami, Attorney for the United States, acting under authority conferred by 28 U.S.C. § 515, and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed and simultaneously entered into a consent decree settling a civil lawsuit against COLUMBIA GAS TRANSMISSION LLC (“Columbia”), HENRY SCHEIN, INC. (“Schein”), and UNION CARBIDE CORPORATION (“UCC”) (collectively, the “Defendants”).  The lawsuit, brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) – commonly known as the Superfund statute – seeks to collect clean-up costs that  EPA has incurred since April 2004 in connection with its clean-up of mercury at the Port Refinery Superfund Site (the “Site”) in the Village of Rye Brook in Westchester County, New York.  The consent decree, which will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval, provides for a combined payment of $179,647 by the Defendants.

Attorney for the United States Robert Khuzami said:  “Polluters must pay for the costs they have imposed on the community.  Each of these defendants arranged for the treatment or disposal of toxic mercury and contributed to significant contamination in a residential community.  Each is now paying a share of the costs.”
Regional Administrator Peter D. Lopez said:  “It is crucial for companies to take all necessary steps to limit people’s potential exposure to mercury. Exposure to mercury can harm the heart, kidneys, lungs, immune system and have other health impacts. EPA completed a successful cleanup in Rye Brook, held the parties accountable and continues to remain vigilant to ensure that the public is protected from unsafe releases of mercury.”
As alleged in the complaint filed today in White Plains federal court, each of these defendants arranged for the sale and transport of used or scrap mercury, or mercury-containing products, directly or indirectly to Port Refinery, Inc. (“Port Refinery”).  Port Refinery operated a mercury refining business out of a residence in Rye Brook, New York.  Port Refinery’s treatment and processing of the scrap mercury sent by the Defendants and other parties led to extensive releases of mercury, a hazardous substance, requiring two separate clean-up actions (“removals”) by EPA.  In connection with the second removal, which began in 2004, EPA has incurred costs at the site for a variety of investigative and clean-up activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the Site.
In the consent decree filed today, the Defendants admit and accept responsibility for the following:
  • EPA has determined that from the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining, and processing.
  • Port Refinery operated in the Village of Rye Brook, Westchester County, New York, out of a two-story garage bordered by private residences on its south, east, and west sides.
  • EPA has determined that Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process.
  • EPA has determined that Port Refinery released a significant amount of mercury into the environment, contaminating the Site.
  • EPA has determined that the Defendants’ mercury was comingled at the Site and contributed to the mercury released into the environment at the Site.
Pursuant to the consent decree, the Defendants will pay a total of $179,647 in costs incurred by EPA, consisting of $120,198 to be paid by UCC, $54,845 to be paid by Columbia, and $4,604 to be paid by Schein.
Today’s lawsuit is the United States’ fourth lawsuit against responsible parties to recover clean-up costs for the second removal at the Port Refinery site.  Prior to today’s settlement, the United States had recovered $647,582 from other responsible parties.  The United States is continuing to pursue its claims against additional potentially responsible parties.
The consent decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval, to provide public notice and to afford members of the public the opportunity to comment on the consent decree.

U.S. Attorney Settles Suit Against Meat Market For Violations Of The Poultry Products Inspection Act


Court Approves Consent Decree Requiring Compliance with Federal Law

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Carmen Rottenberg, Administrator of the U.S. Department of Agriculture’s (“USDA”) Food Safety and Inspection Service (“FSIS”), announced today the entry of a Consent Decree against defendants GEORGE MEAT MARKET, INC. (“GEORGE MEAT MARKET”), KWOK SIN NG, president of GEORGE MEAT MARKET, and ALICE YAN FUNG NG, vice president of GEORGE MEAT MARKET (collectively, “the defendants”), along with settling parties BEN MEAT MARKET, INC. (“BEN MEAT MARKET”), and its incorporator, BENSON NG, for violations of the federal Poultry Products Inspection Act and related regulations at their Manhattan meat market.

U.S. Attorney Geoffrey S. Berman stated:  “If it walks like a duck and quacks like a duck, it has to be USDA-inspected like a duck.  By disregarding regulations designed to ensure that food remains wholesome and unadulterated on its way to being consumed, the owners and operators of George Meat Market and Ben Meat Market put people at risk.  Today’s consent decree ensures that they will comply with the law and consumers can have confidence in the safety of the food they buy.”  
USDA Food Safety and Inspection Service Administrator Carmen Rottenberg said:  “The defendants repeatedly violated food safety laws and put consumers at risk for foodborne illnesses.  The United States enjoys the safest food supply in the world and we will hold the individuals accountable for their actions.” 
According to the Complaint filed in Manhattan federal court:
The Poultry Products Inspection Act (PPIA) protects the public health by imposing a set of inspections, labeling, and packaging requirements for poultry.  These inspection, labeling, and packaging requirements allow consumers to have confidence in the safety of their poultry products and permit public health officials to trace problems to their source.
Since 2009, the defendants repeatedly violated federal law by selling uninspected and misbranded roast ducks from their facility at 288 Grand Street, New York, New York – then operating under the name GEORGE MEAT MARKET – to wholesalers and retailers in New York City.  Although USDA inspectors repeatedly found the defendants in violation, issuing multiple notices of warning and a notice of alleged violation between 2009 and 2017, the defendants continued to violate the law.
In July 2018, the U.S. Attorney’s Office notified the defendants of the government’s intent to file suit to enjoin them from continuing to violate the PPIA.  In response, the defendants claimed that GEORGE MEAT MARKET would cease operations at the end of that month.  However, a USDA inspector visited the market at the end of July 2018 and found no indication that the market was closing.  The U.S. Attorney’s Office then filed this suit.
In the Consent Decree entered today, the defendants and settling parties admit, acknowledge, and accept responsibility for the following:
  • Defendants GEORGE MEAT MARKET, KWOK SIN NG, and ALICE YAN FUNG NG have repeatedly sold non-federally inspected and misbranded whole roast duck and other poultry products to retailers for resale, in violation of federal law.
  • GEORGE MEAT MARKET, KWOK SIN NG, and ALICE YAN FUNG NG have also failed to keep records that fully and correctly disclose all business transactions respecting such poultry products.
  • By letter dated July 16, 2018, the United States notified the defendants of its intent to file suit under the PPIA.
  • On July 24, 2018, BENSON NG incorporated BEN MEAT MARKET, a New York corporation with the same address as GEORGE MEAT MARKET, 288 Grand Street, New York, New York. 
  • In August 2018, the defendants purported to transfer business operations to Ben Meat Market. 
  • Defendants KWOK SIN NG and ALICE YAN FUNG NG, and settling party BENSON NG, continued to operate the business under the name BEN MEAT MARKET from August 2018 through the entry of this Consent Decree.
Pursuant to the Consent Decree, GEORGE MEAT MARKET, KWOK SIN NG, ALICE YAN FUNG NG, BEN MEAT MARKET, and BENSON NG are enjoined from (1) selling or transporting any poultry products required to be inspected and passed by USDA’s Food Safety and Inspection Service that have not been inspected and passed by USDA inspectors; (2) preparing or processing poultry and poultry products in unsanitary conditions; (3) not keeping records that fully disclose transactions involving poultry products; and (4) engaging in any other conduct that would violate the PPIA and related regulations.  The settling parties have also agreed to complete mandatory training in relevant federal law and regulations and agreed to certain conditions on transferring ownership of the meat market.  The settling parties are subject to additional actions, including civil monetary penalties, termination of exempt status, contempt sanctions, and other relief, if they violate the provisions of the Consent Decree.
Mr. Berman thanked the USDA for its assistance leading to the Complaint.