Vulto Creamery, located in upstate New York, has a history of producing cheese contaminated with Listeria. In March 2017, the facility was linked to an outbreak resulting in eight hospitalizations and two fatalities. An investigation by the FDA led to an indictment alleging “introducing adulterated food into interstate commerce”. Swabs taken by FDA have yielded Listeria monocytogenes and other Listeria spp. over the period July 2014 through February 2017. The owner of Vulto Creamery faces a $100,000 fine and a one-year suspended sentence.  The company faces a fine of $250,000 with appropriate court supervision.

U.S. Attorney Carla V. Freedman of the Northern District of New York, stated “This investigation and prosecution holds accountable the defendant who does business who through unsafe practices caused illness and death to consumers in an entirely preventable tragedy.”  She added, “The law enforcement and regulatory partners involved in this case will continue to work together to bring to justice those who endanger the public through unsafe and unsanitary products and facilities.”

During the past five years, FDA, the CDC and the Department of Justice have cooperated in prosecuting cases of foodborne infection that can be attributed to negligence or willful distribution of known contaminated products. This evidenced evidenced by the DeCoster, Peanut Corporation of America and Blue Bell Creamery cases.

Although the prevalence of SE is negligible in the commercial egg production industry, management should be aware of their responsibilities with respect to public health and should conform to the FDA Final Rule on Salmonella prevention.