USDA says criminal investigation is underway in Boar’s Head outbreak

In denying a request for records related to a deadly Listeria outbreak traced to Boar’s Head deli meat, the USDA said the company is under criminal investigation.

In keeping with its standing policy, the U.S. Department of Justice has declined to comment on the ongoing investigation.

The outbreak has sickened 59 people across 19 states, killing 10. All of the patients have required hospitalization because of the severity of their illnesses. Food and Drug Administration investigators found the outbreak strain of Listeria in unopened packages of Boar’s Head deli meat.

The company has closed the Jarrett, VA, production plant implicated in the outbreak and permanently discontinued production of liverwurst nationwide. The company is owned by the Brunckhorst and Bischoff families and is based in Sarasota, FL. 

Previously released documents showed food safety problems dating back at least two years. The USDA did not shut down the plant after those problems were found.

In response to requests by The Associated Press, the USDA’s Food Safety and Inspection Service declined to release records regarding other documents from the agency’s inspections and enforcement at the Boar’s Head plant in Virginia. The agency also refused to release inspection reports from eight other company factories.

The records — which FSIS acknowledged include dozens of pages of documentation — were withheld because they were compiled “for a law enforcement purpose, which includes both civil and criminal statutes,” according to a letter sent today, Sept. 27, in response to Freedom of Information Act requests submitted by The Associated Press. Releasing the records could “interfere with” and “hinder” the government’s investigation, the letter said.

Records previously released showed problems at the Virginia plant including mold, insects, dripping water and meat and fat residue on walls, floors and equipment dating back at least two years.

In July Boar’s Head recalled more than 7.2 million pounds of deli meats in relation to the Listeria outbreak. 

On Sept. 26, two democrats from Connecticut said the Justice Department should have the cooperation of the company and the USDA in an investigation by the Justice Department.

“The time for action is long overdue, and we urge your agencies to work together to seek immediate justice for impacted consumers and to prevent this from happening again,” wrote DeLauro and Blumenthal.

“Moving forward, it is critical that the agency take this matter seriously and take the necessary steps to address the concerns raised by this outbreak. We urge USDA to work closely with the DOJ to determine whether to bring criminal charges against Boar’s Head for their responsibility in this crisis.”

USDA officials have said that they have launched an investigation and will decide by the end an inquiry, according to Blumenthal.s office.

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