Food Safety Humor

FSPCA - Food Safety Preventive Controls Alliance

Monday, July 8, 2019

People Licking Ice Cream and Putting Back in the Display - Food Tampering is a Felony

A Texas youth has been identified for allegedly licking a tub of ice cream and then putting it back in the freezer.  The video of the young woman completing the act went viral.  Adulterating food, which this act is certainly that, is a felony offence that could result in an extensive stay in jail as well as hefty fines.  As a juvenile offender, she is not likely to face charges as an adult, so the penalty will be less severe.

A copycat incident occurred in LA when a 36 year old man also popped open a container of ice cream on the store shelf, licked it, and then placed it back.  The man claims to have then purchased the ice cream.

Time for manufacturers to review their packaging with an eye towards product security.

Insider.com
https://www.insider.com/police-identify-ice-cream-licking-culprit-from-viral-video-juvenile-2019-7
Local police have identified the suspected ice cream-licking culprit from viral video
June 8, 2019

  • A San Antonio teen was identified by Texas Police as the alleged "Lufkin Licker" — a woman who was filmed reportedly licking a tub of ice cream at a Lufkin Walmart and putting it back in the freezer. The video then went viral.
  • Tampering of consumer product is a second-degree felony, which carries a penalty of two to 20 years in prison and up to $10,000 in fines. However, the police department said they "do not intend to pursue charges against her as an 'adult' and therefore what happens from here is at the discretion of the juvenile justice system."
  • "We cannot speak for them as to what charge she will face in the juvenile justice system," the police department said.
  • Lufkin Police found the suspect by narrowing the search down from four to six women with similar usernames and appearances, one of whom even tried to take credit for the crime on Instagram.
Texas police on Friday identified a San Antonio juvenile as the woman who went viral for allegedly licking a tub of ice cream at a Walmart in Lufkin and putting it back in the freezer.

The video was shared on social media on June 29, and it features a woman dubbed by the internet as the "Lufkin Licker."

Per anonymity laws for juvenile offenders, Lufkin Police did not release the name of the suspect, according to a statement posted to Facebook.

Police did reveal that the suspect was associated with the Lufkin area through her boyfriend's family. Both individuals admitted to the act, according to the statement.

Since the suspect is a minor, the case was transferred to the Texas Juvenile Justice Department, a spokesperson with the Lufkin Police Department told CBS News.

According to Texas penal codes, tampering with a consumer product carries a second-degree felony charge, with a penalty of two to 20 years in prison and up to $10,000 in fines. After determining the suspect was a juvenile, WABC-TV reported that she is not expected to face adult charges, and prosecutors could reduce the charge.

"We do not intend to pursue charges against her as an 'adult' and therefore what happens from here is at the discretion of the juvenile justice system," the police department wrote on Facebook. "We cannot speak for them as to what charge she will face in the juvenile justice system."

"Food tampering is not a joke, and we will not tolerate tampering with our products," Blue Bell wrote in a statement to CBS News

"Based on security footage, the location and the inspection of the carton, we believe we may have recovered the half gallon that was tampered with. Out of an abundance of caution, we have also removed all Tin Roof half gallons from that location," the company added in the statement.

Lufkin Police wrote in the statement that part of the difficulty in identifying the suspect was that a "catfish" with a similar username as the suspect began posting on Instagram taking credit for the crime. Police confirmed that the person behind the "catfish" username was not the suspect.

Police said in the statement that the current suspect was found after narrowing down the search from four to six women with similar screen names and appearances.


NY Post
https://nypost.com/2019/07/08/another-sicko-busted-for-licking-ice-cream-putting-it-back-on-the-shelf/
Another sicko busted for licking ice cream, putting it back on the shelf
By Joshua Rhett Miller

A cringeworthy copycat inspired by a viral video showing a teen licking a tub of ice cream before putting it back on the shelf has been arrested for a similar stunt, Louisiana police said.

Lenise Lloyd Martin III, 36, was arrested by Assumption Parish sheriff’s deputies on Saturday after being filmed opening a carton of Blue Bell ice cream from a freezer, licking it, poking his finger into the frozen treat and putting it back on a shelf, WAFB reports.

A 13-second clip shows a smiling Martin playfully looking around after taking his first unauthorized taste as a child walks behind him and appears to turn around. Martin then sneaks a second lick after jabbing his finger into the ice cream and looking into the camera before placing it back into a freezer, video shows.

“We discourage anyone from copying this atrocious act,” a sheriff’s office spokesman told the station. “It is illegal. It’s a health risk to others. We will pursue anyone we see do this. You will be charged.”

Martin was arrested after deputies found evidence that he posted video of his alleged unsanitary actions at a grocery store in Belle Rose, west of New Orleans, on Facebook, public information officer Lonny Cavalier told CNN.

Martin later showed detectives a receipt for the ice cream, suggesting that he ultimately paid for his contaminated confection — but Cavalier said the purchase still did not clear him of wrongdoing.

“Taking into consideration that he eventually purchased the same container is one thing,” Cavalier told CNN. “However, he puts it on Facebook to gain this notoriety and at the end of the day, it gives other people ideas that are not the best interest of public health.”

Martin remained in custody as of early Monday. He faces charges of unlawful posting of criminal activity for notoriety and publicity and criminal mischief, jail records show. A judge is expected to set his bail during a court appearance Monday, WAFB reports.

Cavalier said Martin is believed to have been inspired by the teen who was identified by cops on Friday for licking a tub of Blue Bell ice cream and putting it back in a freezer at a Walmart in Texas on June 28.

The teen, whose viral video generated millions of views, could have faced up to 20 years in prison, but police said they would not press charges because she’s a minor.

But deputies in Assumption Parish aren’t leaving any doubt for other potential copycats, saying anyone who mimics the ice cream raiders will be prosecuted “immediately and with the full extent of the law,” a spokesman told WAFB.

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