determined that the RTE ice cream products manufactured by this 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 been rendered injurious to health.
FDA state that the company had multiple and repeat findings of L. monocytogenes in the production environment, and thus, the company did not identify and implement preventive controls adequate to ensure that they were significantly minimizing or preventing the hazard of the environmental pathogen L. monocytogenes.
The company had issued a recall of ice cream after FDA sampling had found positive samples. This recall was in February, 2022.
"FDA’s inspection included the collection of environmental swabs on January 19, 2022, during production and found that two (2) of seventy-eight (78) swabs were confirmed positive for L. monocytogenes. Of the positive findings, one (1) swab was collected from the food-contact surface of a filler head where RTE ice cream was being dispensed into pint-sized finished packages and one (1) swab was collected from the stainless-steel table where RTE ice cream sandwiches were being prepared. This was not the first time L. monocytogenes was found in environmental samples collected at your facility. In 2017, FDA detected L. monocytogenes in three (3) environmental swabs, including two (2) from areas adjacent to food-contact surfaces. Furthermore, in response to our 2022 environmental sample findings and your voluntary recall initiated in February 2022, the Massachusetts Department of Public Health (MDPH) collected retail finished product samples which confirmed L. monocytogenes in one (1) finished product sample of salted caramel ice cream."
These same strains were found to have been present in the facility in past sampling. "The presence of the same strain of L. monocytogenes over multiple years is indicative of a resident pathogen or harborage site in your facility since 2017. We first advised you of the importance of these WGS results on March 4, 2022, and subsequently provided updates to the WGS analysis on the following dates: March 17, 2022, April 7, 2022, and June 30, 2022."
FDA stated that the "hazard analysis did not identify pathogens at your processing step of “(b)(4)” as requiring a preventive control because “Pathogens are unlikely to grow in the low temperature present in the freezer.” However, during the inspection, employees were observed transferring an RTE cookie dough sandwich sheet to the (b)(4), where the ice cream sheet was cut into 4 oz. bars and was exposed to the environment prior to packaging. L. monocytogenes is a known or reasonably foreseeable pathogen associated with RTE foods, including RTE ice cream products, exposed to the environment at steps such as (b)(4), and L. monocytogenes does not require growth to present a hazard."
FDA found a number of issues during inspection that included employees touching non-contact surfaces and then touching food, improper high pressure house use (employees were observed using a high-pressure hose to rinse a stainless-steel pail and to spray the processing room floor, and overspray was aerosolizing immediately adjacent to uncovered flavor vats containing RTE (b)(4), uncovered RTE ingredients on the production table, and near the food-contact surfaces of the filler in the ice cream production area. FDA collected environmental sample (b)(4), swab (b)(4), from head of this filler and detected L. monocytogenes.),
They had issues with their environmental monitoring system - "did not collect your environmental swabs at the frequency identified within your “Environmental Monitoring Procedures”" and the " environmental monitoring procedure did not identify the locations from which samples will be collected."
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/royal-ice-cream-company-inc-630433-07282022
The Royal Ice Cream Company Inc.
MARCS-CMS 630433 — JULY 28, 2022
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/royal-ice-cream-company-inc-630433-07282022
The Royal Ice Cream Company Inc.
MARCS-CMS 630433 — JULY 28, 2022