Seized milk powder could be destroyed following court ruling

The court for the Western District of Virginia entered a consent decree of condemnation and permanent injunction against Valley Milk Products LLC.

The permanent injunction also named Michael W. Curtis, Valley Milks’ general manager, Robert D. Schroeder, plant manager and Jennifer J. Funkhouser, quality control compliance officer.

Under the consent decree​, Valley Milk may attempt to bring the condemned products into compliance under supervision of the FDA.

Products could be brought back into compliance​

Valley Milk is prohibited from shipping or selling products until FDA determines they have been safely reconditioned. If this cannot be done, they will be destroyed by the FDA.

The firm cannot resume manufacturing of milk powder at the Strasburg facility without taking corrective action. Liquid milk products are not affected.

The decree provides a process it must follow if the firm wants to restart powder production.

It also includes steps by which the company can recondition the seized milk and buttermilk powder with FDA oversight.

Valley Milk Products is a manufacturer of Grade A and non-Grade A milk products including milk powder, condensed milk and butter.

Jay Bryant, CEO of parent company Maryland & Virginia Milk Producers Cooperative Association Inc, said it was pleased to have reached an agreement and the plant will focus on fluid dairy ingredients for the foreseeable future.

“We will continue to work cooperatively with the FDA and the Commonwealth of Virginia to provide products that meet all applicable government food safety standards.”​

Product seizure and FDA inspection​

The Department of Justice filed a seizure action in November last year at the request of the Food and Drug Administration (FDA).

It alleged certain milk powder products were manufactured at Valley Milk Products’ Strasburg, Virginia facility in unsanitary conditions and may be a health risk having ‘become contaminated with filth​’.

During a 2016 inspection of Valley Milk, FDA found Salmonella meleagridis in the Strasburg facility.

Salmonella strains were nearly identical to those found at the firm in 2010, 2011 and 2013.

S. meleagridis was also present in undistributed finished product samples.

There have been no reports of illness associated with any products.

Seized items were packaged in 40- and 50-pound bags for further manufacturing and were worth nearly $4m, according to authorities.

The Virginia Department of Agriculture and Consumer Services (VDACS) placed the powder under quarantine at the end of August before FDA took custody of it.

Powdered ingredients were produced during the spring and summer of 2016.

“The Food, Drug, and Cosmetic Act is designed to bolster public confidence in food safety by protecting consumers from unsafe food, including food produced under visibly insanitary conditions,​” said Chad Readler of the Justice Department’s Civil Division.