Violations Connect 2 Raided Food Warehouses
本报讯 位于纳城的中田纳西州最大的华人餐馆送货公司， Won Feng Trading（万丰送货公司）未能通过联邦食品药品局（FDA）和地方政府的卫生检查，元月六日被FDA临时查封，大约有超过一百万的餐馆货物等待销毁。纳城的所有英文媒体都大幅报道这一消息，第四电视台还出动直升飞机，空中拍摄，并详细对污染物品做了近镜头曝光，纳城地区不少中餐馆的生意受到影响。
一位名叫Mike Henderson的律师也打来电话给《田纳西新闻》，他说，2004年在纳城东部Mt Juliet市的鸿华送货公司也有类似的情况发生，被FDA关闭损失惨重。他说，他认为鸿华公司更换名城和法人代表，搬到目前万丰所在地。他甚至煞有其事的说，两家公司的法人代表都是郑姓老板，他们是一家公司的两个头套。纳城所有媒体都将Henderson的说辞刊出或播出。本报记者采访的结果发现，两家公司虽然都是来自福州郊区的琯头镇，但完全是两个毫不相干的家庭。Henderson律师也接受了本报的说明。
从英文媒体上可以看到，FDA对万丰公司的监测已达一年的时间，在检查中，不断发现食品卫生方面的问题，诸如蟑螂、老鼠、米虫和飞鸟等在仓库里，也发现霉菌食品。2009年三月和五月，FDA和地方卫生部门的检查中，都有类似的情况发生，并给与万丰公司改正和整顿的机会，不过这一家公司的管理部门并没有彻底纠正，以致上百万美元的货物被查封，损失惨重。
FDA官员在接受记者的访问时说，目前被查封的一百万元的货物将被销毁，仓库需要重新检查卫生，视情况决定是否允许营业。他们也可能受到相关罚款，这需要和他们的律师商谈才可以决定，甚至可能需要上法庭才可解决。FDA官员也声称，到目前为止，尚无由于该公司食品卫生问题，客人生病的投诉。
据悉，万丰公司的确是从鸿华公司转型（买卖的关系）过来，他们是除了在位于阿肯色州（西孟菲斯市）的亚美公司外，田州最大的华人餐馆供应公司，担负田纳西州以及周边州的华人餐馆货物供应。过去的几年中，他们服务华人餐馆，也为社区有过贡献。不过，他们英文的贫乏和法律知识的欠缺可能是导致这一事件发生的主要原因之一。其实不只是万丰公司，不少华人企业都有类似的问题。一些企业淌着法律的边缘走路，或是违法经营，结果最后还是得不偿失。过去几年中田纳西地区不少华人企业受到政府部门的罚款。
Henderson律师请本报转告他对华人社区的忠告，那就是适应、学习和遵守美国的法律和法规，发挥华人吃苦耐劳精神，和聪明才智，这才是成功的要诀。
附相关媒体报道剪辑：
纳城第四电视台 -- The Channel 4 I-Team obtained photos from inside the Won Feng Trading Company, a food distribution center which state and local inspectors shut down Wednesday after finding food contaminated by rodents and insects. The I-Team has discovered a link between that warehouse and another, shut down in Mount Juliet for the same violations.
Images show boxes of food torn apart by rodents. Some boxes are so destroyed it can be seen how rodents got into cans of peaches.
The photos show what the state Department of Agriculture found when it went to inspect the Won Feng Trading Company in October. All the food was intended to be distributed from the warehouse to restaurants throughout Tennessee. State inspectors ordered all the food seen in the photos destroyed.
Wednesday, the FDA seized $1 million worth of food from the warehouse, saying the food was contaminated with filth.
"You still have food that's going to restaurants, that's going to consumers," said Mount Juliet attorney Mark Henderson.
Henderson said he was disturbed by news reports Wednesday not just because of what inspectors found inside the warehouse but because he'd been there before himself.
In 2005, Henderson represented the landlord of the Mount Juliet warehouse that housed Hung Hau Trading -- another food distributor.
One year earlier, it, too, had its food seized by the FDA for the same reasons inspectors seized products at the Nashville food distributor: numerous violations of rodent infestation.
Henderson sued the Mount Juliet company's owner, Da Aheng, and Zheng's attorney told him where to go to collect the money. He was told to go to a specific warehouse in Nashville at 2728 Eugenia Avenue -- the same warehouse that would one day house the Won Feng Trading Company.
"It's the same group of people' they just change names, kind of like you change shirts," said Henderson.
Public records obtained by the I-Team show Zheng also lists the Nashville warehouse as one of his addresses. And records show several of Zheng's relatives list the warehouse as an address as well, including Tian Zheng, manager of the food distributor raided Wednesday by federal agents.
"These folks are operating, essentially, the same type of business, it looks like, and not doing a very good job of it, according to the government," Henderson said.
A source familiar with both Da and Tian Zheng and their companies said the Zhengs come from the same town in China and are likely distant relatives but know each other truly through business interests.
Tian Zheng declined to speak with the I-Team Thursday, and the I-Team hasn't heard from attorneys who have represented Da Zheng in the past.
田纳西人报 U.S. marshals
The FDA issued a warning letter in May 2009, and a November follow-up inspection found evidence of an active and widespread rodent infestation in the building.
Won Feng receives food from throughout the United States and distributes it within Tennessee. The company distributes food to 200 Chinese restaurants in Middle Tennessee.
Won Feng is located at 2728 Eugenia Avenue in Nashville.
The FDA has not received any reports of consumer illnesses.
FDA spokesman Thomas Gasparoli said such seizures are rare, with only two during the entire last fiscal year
2009年五月FDA给万丰的警告信
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Public Health Service |
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New Orleans District |
May 29, 2009
WARNING LETTER NO. 2009-NOL-10
XXX
Won Feng Trading, Inc.
2728 Eugenia Avenue, Suite 103
Nashville, Tennessee 37211
Dear Mr. Zheng:
The U.S. Food and Drug Administration (FDA) conducted an inspection of your food storage warehouse and cooked cabbage operation, located at 2728 Eugenia Avenue, Suite 103, Nashville,Tennessee, from February 23-27, and March 2, 2009. During the inspection, FDA investigators documented serious violations of the Current Good Manufacturing Practice (CGMP) regulation for foods, Title 21, Code of Federal Regulations, Part 110 (21 CFR 110). The inspection revealed the conditions in your food processing and warehouse facility have caused the foods stored there to be adulterated under Section 402(a)(4) [21 United States Code (USC) 342(a)(4)] of the Federal Food, Drug, and Cosmetic Act (the Act) because they have been prepared, packed, or held under insanitary conditions whereby they may have become contaminated with filth.
On March 2, 2009, at the conclusion of the inspection, FDA investigators issued a Form FDA 483, Inspectional Observations, to Xin "Evan" Zheng, Manager, which described a number of significant objectionable conditions relating to your facility's compliance with CGMP.
The following significant deviations were observed during the inspection:
列举十多项违规（略）
We acknowledge your voluntary destruction of a number of products, including 49 bags of G&L Cracker Meal, five bags of Kokhuro rice, and four cases of minced garlic, on March 2, 2009, at the conclusion of the inspection. You signed a Form FDA 463a, Affidavit, to document this voluntary destruction. However, you appear to have an ongoing rodent problem in your facility, as evidenced by rodent excreta pellets, urine stains, and nesting materials found on site.
Please notify this office in writing within fifteen (15) working days from the date you receive this letter of the specific steps you have taken to correct the noted violations, including an explanation of how you plan to prevent these violations, or similar violations, from occurring again. Include documentation of the corrective action you have taken. If corrective action cannot be completed within 15 working days, state the reason for the delay and the time within which the corrections will be completed.
Your response should be sent to: U.S. Food and Drug Administration, Attention: Kari L. Batey at the address above. If you have any questions about the content of this letter, please contact Ms. Batey at (615) 366-7808.
Sincerely,
H. Tyler Thornburg
District Director
New Orleans District
Enclosure: Form FDA 483
cc: Mr. XXX, Manger
田納西新聞(www.tncnnews.org), 2007-2008. All Rights Reserved.
稿件投递：tncnnews@yahoo.com，地址：2720 Nolensville Pike, Ste 222, Nashville, TN 37211，电话：(615)977-8582.
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