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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Botulism, Listeria and Scombrotoxin Risk at Blue Ocean Smokehouse

blue-ocean-smokehouse (1).pngThe U.S. Food and Drug Administration, in a complaint filed by the Department of Justice, is seeking to stop the processing and distribution of fish products at Blue Ocean Smokehouse because of a risk of botulism and other food hazards.

If granted, the permanent injunction against Fujino Enterprises Inc., doing business as Blue Ocean Smokehouse, of Half Moon Bay, Calif., would stop the company from processing and distributing fish and fish products. Blue Ocean’s president Erika Fujino also is named in the government’s complaint.

Blue Ocean processes fresh and smoked fish and fish products including salmon, cod, halibut, Wild King Salmon Candy (a honey-glazed, cold-smoked salmon), hot-smoked tuna, sturgeon and hot-smoked fish cream cheese spreads. Blue Ocean receives fish for processing from outside California, including salmon from Washington state and sturgeon from Oregon.

The complaint alleges that the company’s fish and fish products are adulterated, because they are processed under conditions that do not comply with the agency’s Hazard Analysis Critical Control Point (HACCP) regulations. HACCP is a science-based system of preventive controls for food safety that is used by commercial seafood processors to identify potential food safety hazards and take steps to keep them from occurring.  The complaint also alleges that Blue Ocean’s fish are adulterated because the conditions under which they are prepared, packed, and held fail to conform to the Current Good Manufacturing Practice requirements for food established to ensure that food is processed in a safe and sanitary manner. An FDA inspection in October 2011 found poor employee sanitation practices and showed that the company’s facility was not maintained in a manner that protected against food contamination.

Blue Ocean’s vacuum-packaged hot and cold smoked fish products may pose a risk for the development of Clostridium botulinum toxin that can cause botulism, a rare but serious illness that may result in paralysis, inhibited respiration, and death. This toxin cannot be removed by cooking or freezing.

Investigators also found Listeria monocytogenes (L. mono) on food-contact and non-food-contact surfaces in the food processing areas of the company’s facility. Listeriosis, the illness caused by L. mono, can cause fatal infections in young children, the elderly, and individuals with weakened immune systems. Pregnant women may suffer miscarriages or stillbirths as a result of the infection.

In addition, Blue Ocean’s tuna products may pose a risk for the development of scombrotoxin (histamine), a toxin that also cannot be removed by cooking or freezing, and that can cause an illness known as scombrotoxin poisoning.

The company’s violations led to its voluntary destruction of almost 1,500 pounds of hot- and cold-smoked fish in October 2011, under the supervision of the FDA and the California Department of Public Health.

The complaint was filed on March 13, 2012, in the U.S. District Court for the Northern District of California.

No illnesses have been reported to date associated with Blue Ocean’s products.  However, see FDA Warning Letter.

  • Gary Harnum

    Good to see FDA in action. Good article but I would like to point to one error..C Bot toxin is not heat stable and is destroyed by adequate cooking; however this does not make the situation any less serious as smoked fish is often consumed raw.

  • Paul F Schwarz

    Listeria, Botulism and Scombrotoxin all found in one place. Sounds like someone hit the jackpot. In this case hitting the jackpot wasn’t good for the public. The public was put at risk here and the DOJ stepped in! Maybe the dog needs to step in to food-borne illness outbreaks more often. It is obvious to me that congress won’t hold hearings when warranted!
    Section 51 ROw 1 Grave 3 Ft Leavenworth/Leavenworth National Cemetery