Has FSIS been “asleep at the switch” since 2022? How could they let Boar’s Head operate like this?

And, where is the Inspector General’s Report? And, where are the Congressional Hearings?

Here is the final paragraph from the USDA/FISS Food Safety Assessment of the Boar’s Head in 2022 plant that in 2024 would sicken 61 – killing 10 with Listeria-tainted Liverwurst:

An analysis of the [below] stated NRs (non-compliances) indicates when not adequately addressed, these Findings could impact the establishment’s ability to produce safe, wholesome, and unadulterated product. After a review of the Fully Cooked-Not Shelf Stable written programs, SSOP/SPS/SOP recommendation of these NRs to be issued for the F-SA by iPP at the exit meeting. No follow up visit is necessary.

Full FSIS Food Safety Assessment.

• 9 CFR 416.13(a), 9 CFR 416.13(c), and 9 CFR 416.16(a)-SSOP/Pre-op Record keeping and Insanitary conditions. Multiple pre-op deficiencies were observed in the RTE and Raw areas. The establishment failed to document the EIAOs findings and corrective actions that the establishment took.

• 9 CFR 416.4(b), 9 CFR 416.2(a), 9 CFR 416.2(d), and 9 CFR 416.2(b)(2)-SPS Insanitary conditions. Numerous holes in the walls, damaged floors, loose caulking, product on floor, green mold, and rust were observed in the establishment.

• 9 CFR 430.4(b)(3)(i)(D)-The establishment’s Environmental Monitoring Program failed to list all possible Food Contact Surfaces (FCS) utilized in the Post-Lethality (PL) RTE room.

• An NR is being recommended for insanitary conditions throughout the facility. 

• Major deficiencies associated with the establishment’s physical conditions were observed that could pose imminent threat to product. 

• The EIAO’s observations from pre-operational verification on 09/28/2022, 09/29/2022, and 10/04/2022 showed that there were numerous insanitary conditions after the establishment completed their pre-op inspection, for example: on food contact product belts, plates, and conveyors of both the Raw and RTE processing rooms.

• In the RTE room there were 5 clamps on the ceiling overhead piping, visually identified with rust on them, directly above product on line 3, a rusted bracket directly above the product zone of the tree wash area, a rust clamp directly above product in line 530, a rusted clamp directly above product in line 255, and 2 rusted clamps directly above product on line 1. The rust was thick and flaking on the clamps.

• In the Raw areas was a rusted conduit bracket temperature box in the pickle room on the east end, 2 rusted conduit brackets on the north wall of the pickle room, 3 rusted conduit brackets on the water line in the pickle room, 3 rusted valve handles on the north end of the pickle room, and 2 rusted conduit brackets on the south end of the pickle room. A rusted clamp, a rusted valve, and a rusted water pipe on the water line were found on the southwest corner of the tavern line.

• Beaded condensation beads (TNTC) were found on the doorway ceiling of the entrance holding cooler and condensation beads (TNTC) were found on the ceiling on the entrance door of frank packing area.

• In the Cooler #5 room there was loose caulking (approximately 6″ by 2″ area at the ceiling area in the northeast corner. Ceiling hot water supply line had loose tape hanging downward in the northwest corner. Cooler #5 had heavily beaded condensation (more than 50 beads on a 20′ by 4″ area directly above RTE product. Another section of ceiling had loose tape (2- 2ft sections) hanging downward. The Blast cell hallway had loose caulking on the ceiling area hanging downward. There was a hole in the floor (approximately 3ft by 1.5″ area in the Blast cell hallway.

• In the Frank packaging RTE room the, EIAOs observed a 4″ by 6″ forming plate (product contact) on the floor. Dirt, screws, and trash were observed on the floor of the production area. The overhead cooling units had three sections of heavy rust (approximately 2ft. by 6″ each) above the production area. Rust and grey flaking paint on the motor in line 255. Five holes and loose caulking on the northeast wall. The hot water line was leaking from the insulation around the pipe directly onto the floor.

• In the RTE Packaging room there were numerous (1/4″ by 1/4″ area) holes completely through the glass board wall behind the hot water line. The cold-water line had damaged insulation with loose caulking at the exposed section (6″ by 3″ area of the line. Loose caulking hanging downward was observed on the ceiling at the front of line 1. Hot water line had areas of peeling tape. Numerous holes (1/4″ by 1/4″ area through the glass board wall north of line 1 shrink tunnel. Loose insulation tape coming off pipe 1 above shrink tunnel for line 3 creating insanitary conditions. Loose tape on grey water line above line 3. Damaged/exposed insulation around the hot water line. There was a gap in the insulation exposing the insulation around the steam line. Eleven holes (1/4″ by 1/4″ area were observed on the north wall near line 3. Heavily beaded condensation (approximately 6ft by 1ft a r e a near steam exhaust line for the shrink tunnel area. EQ4 room had damaged/broken (approximately 2ft by 4 in a r e a floor area. There were numerous (greater than 20) holes (1/4″ by 1/4″ area), loose caulking, and tape on the door in EQ4. Missing and exposed insulation (approximately 4″ by 4″ area) on the cold-water line for unit 15.

• EQ3 room had hole in wall (approximately 2″ by 6″ area of northeast corner. Duct tape on south door. Loose plastic on door. Numerous holes (approximately 20 and 1/4″ by 1/4″ in area on the southwest wall.

• EQ2 room had loose/peeling paint and loose caulking (approximately 2″ by 3′ area). Peeling rust (approximately 6″ by 20′ area on the wall pole.

• Smoke house addition room had loose caulking above the outside door of smokehouse #10. Loose caulking above smokehouse #20 hot water line. Entrance to Liver Wurst room had rust on the walls and ceiling. There was also rust and tape on the wall at the northeast corner. Loose caulking on the west wall in the Liver Wurst room. Rust on the floor of the east wall in Liver Wurst room. Loose caulking on the ceiling of the east wall. Holes and flaking paint on the east wall of Liver Wurst room. Numerous holes (more than 8 and 1/4″ by 1/4″ in a r e a on the east wall in Liver Wurst room. Loose caulking on overhead beam of the room. Product residue on the floor in Liver Wurst room. The Liver Wurst room strip tank window has rust on northeast wall. Breezeway to EQ1 room had hole in the floor (2ft by 6″ area). Thick black smoke and soot were observed covering the ceiling area. EQ1 had a hole (approximately 1ft by 1″ area) in the floor. Peeling paint (white and grey) on the wall in EQ1.

• Raw Smoke house room had peeling paint on the old steam pipe at south side of old smoke house. Numerous holes and loose caulking on the raw smoke house doorway. Missing trim and holes on the south wall. Cold water line had peeling paint. Loose caulking on the ceiling above smokehouse #14. Holes and rust above smokehouse #6. Smoke house generator area room had boards, wood, and trash on the floor area (approximately 10ft by 12ft area). Holes in the wall and holes in ceiling area of the Smoke house generator area room. Heavily beaded smoke on overhead pipes near the smokehouses. Heavily beaded condensation (approximately 30ft by 10ft a r e a on the ceiling above smoke house generator area room. Loose caulking, loose plastic, and heavily beaded condensation on the ceiling of the smoke house generator area room. Holes in the wall west of smoke house #14. Smoke house #2 had loose caulking hanging downward above the smoke house.

• Heavily beaded condensation on the ceiling area of the north entrance of holding cooler directly above product. Loose caulking above the holding cooler. Open vertical pipe near wall of the holding cooler. Loose caulking on floor and rust on south wall of the holding cooler. Heavily beaded condensation on the ceiling area over product staging areas for trees. Numerous rusted holes on west wall. New Gourmet room had wall damage and numerous holes (1/4″ by 1/4″ area on the north wall and doorway to the staging area for staging area for trees. Loose paint, holes, and loose caulking on the east wall. Heavily beaded condensation on the ceiling area near west wall. Holes (1/4″ by 1/4″ area on the ceiling area near southeast wall. Loose caulking on south wall. Broken curbing and holes (1/4″ by 1/4″ area) in the floor before maintenance storage area. Condensation was dripping from the hot water line directly onto the floor area. Exposed insulation around the piping of the CRV machine. Head Cheese room had a product contact shovel hanging from a rusty pipe and its handle was directly contacting the wall (non-product contact surface). Another product contact shovel was hanging from the water line (non-product contact surface) and directly contacting the west wall (non-product contact surface). Loose caulking and holes in the west wall. Loose caulking on wall above 2nd cycle blending area. Loose caulking above cooling unit for netting hams above line 3. Franks stuffing room had numerous holes in walls and numerous areas of loose caulking Standardization room had loose caulking on the south wall and numerous holes in the east wall. Rusted air filter to pump caulking on east door corner.

• Stitch pump Il room had loose caulking on south wall. Numerous areas of green mold, large crack, and loose caulking on west wall.

• Pickle room had greater than 20 holes in the upper part of the west wall. Loose caulking at the bottom of west wall near door. Peeling paint on south wall. A hole (approximately 6″ by 2″ area) in the south wall.

• Live bugs (beetles) were observed on the floor the bathroom hallway.

• On 9/28/22 EIAO’s observed: Beaded condensation (greater than 20 beads) above the dumper in the Netting room. Line 3A and Line 3B had a large black smear on the inside of the belts and a thick product residue build-up between the layers of belt. Product residue underneath the middle dumper in the rusted track are on floor. The metal supports of the dumper line had numerous areas of product residue. Strip belt had product residue (in five areas) on the product contact Teflon guides. The transfer belt had product residue (in three areas) on the metal bar that contacts the belt. The dumper belt had numerous areas of product residue on the Teflon rollers, metal guides, sprockets, belt supports, and product contact belt area. Bologna stick (product contact) was laying on the floor near the wall area. Numerous areas of product residue on the floor were observed. Two product contact pitch forks were hanging downward with the fork sections directly contacting the concrete wall. U.S Rejected tag# B 26 238183 was applied to the area at approximately 0541hrs and not removed until approximately 0646 hrs.

• On 9/29/22 EIAO’s observed: Product residue was observed on the framework, inside support bar (product contact surface) between belt layers, and in the product contact belt to the dumper belt in the Netting room. Crack in the roller for the middle transfer line. Product residue on cross bar (product contact surface) of transfer line. Product residue on belt of line 3A. Product residue on the underside table for 3A. Head Cheese room had product residue on the screen, and it was also damaged. Line 6B had product residue in the tub. Product residue on cutting board and on stuffing horn. Product residue on the east column of east wall.

• On 9/29/22 EIAO’s observed: The underside of the metal detector in the RTE packaging area had numerous sections of coating was peeling and hanging downward above the belt. The Packaging area had numerous sections of product residue on the plates of the Line 1| (6×4) machine, Line 2 X4) machine, Line 3 104) machine, and Line / X4) machine. Five of the white product contact tubs had product residue on the side edges and inside of them. They also were damaged and had white peeling plastic residue. The (b)(4) line 4 belt had numerus missing links in the belt. Product residue on frame to the dual infeed belt. EIAO’s also observed numerous areas of product residue on the floor area around the equipment of all four lines. Stainless steel table on North end of Line (63(4) machine had product residue on product contact table. The inedible metal cart had numerous sections of product residue in it. Product residue on the splitter frame. The product contact storage cart had thick product residue on the underneath sides directly above product contact parts. The product residue area was dripping directly onto the product contact machine parts below. On the Line 1 Frank RTE area, the EIAO’s observed product residue on the floor area around the machines. There w a s product residue on the incline belt to the (b)(4) Product residue on stripping arm of (x4) machine. The metal cover for the (b)(4) h a d product residue on the inside area. Conveyor belt leading to peeling room had product residue on the inside framework over the belt. There was a broken weld and product residue in-between the layers of belt to the conveyor to peeler room. Product residue on the outside frame of the conveyor leading to peeler room. On 10/4/22 EIAO’s observed: Product residue on the  food contact guide and numerous meat scraps on the floor area of the New Gourmet room. The Beachwood line #1 had product residue on the conveyor belt. Syrup table had product residue on it. Conveyor belt #2 had product residue (1″ by 4″) of the guard.

• On 10/4/22 EIAO’s observed: Frank RTE room had product residue on the inside support bars of the incline to (bx4) Numerous chunks of franks were observed on the floor around the equipment near the wall and product residue around the drain. Two areas of product were observed on the floor around the vacuum pump. The RTE packaging area had product residue and wrapper stuck at roller area on the # ) metal detector. Product residue on the floor around the (bx4) line. Conveyor leading to the peeler room had product residue on the inside support bars. 

10 people died needlessly another 51 were hospitalized with a severe Listeria infection. Not to take anything away from Boar’s Head and its responsibility, but what about the USDA/FSIS’s responsibility to consumers?

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.