The U.S. Department of Agriculture has launched an internal investigation into the agency's handling of repeated sanitary violations at a Boar's Head plant in Virginia tied to a deadly listeria outbreak.
Sen. Richard Blumenthal, D-Conn., said Tuesday that USDA's Inspector General Phyllis Fong is conducting an inquiry into why the deli meat processing plant was allowed to continue operating after federal and state inspectors found dozens of food safety rule violations and reported "disturbing conditions at the plant."
Previously released records revealed officials with the USDA's Food Safety and Inspection Service flagged issues including mold, insects, dripping water and meat and fat residue on walls, floors and equipment throughout the site.
“USDA took virtually no action — allowing Boar’s Head to continue business as usual at its chronically unsanitary Virginia plant — despite finding repeated serious violations," Blumenthal said in a statement.
The senator said the IG's investigation will look into whether proper corrective and enforcement actions for reported violations were taken and to assess whether the agency has an effective process to "identify, elevate and address recurring non compliances" in order to reduce the risk of tainted products from entering the food supply.
At least 10 people have died and nearly 60 others in 19 states have been sickened by the listeria strain that was traced back to the Jarratt, Virginia, plant. Illnesses were reported between late May and late August, the U.S. Centers for Disease Control and Prevention reported. All of those who fell ill were hospitalized.
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Tuesday afternoon, Boar's Head released a statement saying it was "aware of the USDA’s investigation and continue to cooperate fully in connection with matters related to the recall.”
"Boar’s Head has an unwavering commitment to food safety and a long heritage of manufacturing high-quality and delicious products," it said. "We have been working hard on steps to ensure that consumers can continue to trust the Boar’s Head brand. Recent actions include appointing renowned food safety expert Frank Yiannas, MPH, as Boar’s Head’s Chief Food Safety Advisor and establishing the Boar’s Head Food Safety Advisory Council, comprising independent, industry-leading food safety experts."
In July, the Sarasota, Florida-based company recalled more than 7 million pounds of deli meat distributed to stores across the country. That came days after an initial recall of more than 200,000 pounds of Boar's Head products. Two months later, the company announced on Sept. 13 that it was closing the Jarratt plant and discontinuing production of liverwurst.
At the time, a spokesperson for Boar's Head said in a statement to NBC News that the company "deeply regret[s] the impact this recall has had on affected families." The spokesperson added that food safety is the company's "absolute priority."
According to internal documents, the Agriculture Department reported "heavy meat build up" on a hydraulic pump in the plant and on the motor of an inspection line on Aug. 8, 2023, NBC News reported. During an inspection on June 10, inspectors found flies "going in and out" of pickle vats, "small flying gnat like insects were observed crawling on the walls and flying around the room" and "7 ladybugs, 1 beetle like insect, and 1 cockroach like insect" in the same room.
On Jan. 9, "black mold like substance." with some spots being "as large as a quarter," was discovered at the plant, according to the documents.
Inspectors reported four more instances of finding mold, and in one case mildew, in the plant in June and July.
In all, Agriculture Department officials had logged 69 instances of noncompliance with federal regulations at the plant from Aug. 1, 2023, through Aug. 2, 2024.
Boar's Head is facing several lawsuits filed by victims and their families.
Blumenthal and Rep. Rosa DeLauro, also of Connecticut, called on the Agriculture and Justice departments to “work closely” to determine whether to bring criminal charges against Boar's Head in connection with the crisis. It wouldn't be the first time a food-poisoning outbreak resulted in criminal and civil penalties.
In 2020, Chipotle agreed to pay a record $25 million to resolve criminal charges over tainted food that sickened more than 1,100 people in outbreaks between 2015 and 2018. In 2015, former Peanut Corporation of America executive Stewart Parnell was sentenced to 28 years in prison after an outbreak of salmonella in his company's peanut butter killed nine people and sickened more than 700.