FDA "determined that the RTE chocolate products manufactured in [the] facility are adulterated within the meaning of section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § 342(a)(4)] in that they were prepared, packed, or held under insanitary conditions whereby they may have become contaminated with filth or rendered injurious to health. In addition, failure of the owner, operator, or agent in charge of a covered facility to comply with the preventive controls provisions of the CGMP & PC rule."
Regarding the Preventive Control Plan
1) The company "did not prepare, or have prepared, and implement a food safety plan as required" by regulation.
2) Did not conduct a hazard analysis which would include identifying Salmonella, mycotoxins, and allergens as hazards of concern, and with that, appropriate controls were not identified.
Regarding GMPs
FDA Warning Letter
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/maribels-sweets-inc-616288-10252021
Maribel's Sweets, Inc.
MARCS-CMS 616288 — OCTOBER 25, 2021